nos 10-2487 10-3580
TRANSCRIPT
Nos. 10-2487, 10-3580 ______________________________________
UNI T E D ST A T ES C O UR T O F APPE A LS F O R T H E E I G H T H C IR C UI T
_____________________________________
UNI T E D ST A T ES O F A M E RI C A , Appellee,
v.
SH O L O M RUB ASH K IN,
Defendant-Appellant. ______________________________________
On Appeal from the United States Distr ict Court for the Northern Distr ict of Iowa
______________________________________
M O T I O N F O R R E L E ASE PE NDIN G APPE A L ______________________________________
M A R K E . W E IN H A RD T B E L IN Mc C O R M I C K , P.C . 666 Walnut Street, Suite 2000 Des Moines, IA 50309 (515) 283-4610 SH A Y D V O R E T Z K Y Y A A K O V R O T H JO N ES D A Y 51 Louisiana Avenue, NW Washington, DC 20001-2113 (202) 879-3939
N A T H A N L E W IN A L Y Z A D . L E W IN L E W IN & L E W IN , L LP 1775 Eye Street N.W., Suite 850 Washington, D.C. 20006 (202) 828-1000 Attorneys for Defendant-Appellant
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IN T R O DU C T I O N
On June 15, 2011, the Court (Chief Judge Riley, Circuit Judges Murphy and
Smith) heard oral argument in this appeal. It appears from the argument that there
is , that
could result in reversal and an order for a new trial. United States v. Powell, 761
F.2d 1227 (8th Cir. 1985) (en banc). The Appellant is currently in custody and has
now been serving his sentence since return of the jury verdict, in addition to 76
days served pretrial. This Motion is being submitted pursuant to Rules 8(c) and 9
of the Federal Rules of Appellate Procedure and Rule 38 of the Federal Rules of
Criminal Procedure to stay further service of his sentence and to release him
subject to conditions that will guarantee his presence to continue service of his
sentence should this Court not reverse and grant a new trial.
Mr. Rubashkin, is a native-born American who has a wife and ten children.
He moved to Postville, Iowa, in 1991, when he became vice president of
Agriprocessors, a kosher beef and poultry slaughtering plant that his father Aaron
Rubashkin had established. Since Mr. Rubashkin in
Otisville, New York, his family has lived in the New York area.
Mr. Rubashkin anticipated ever since the May 2008 immigration raid on that
he would be accused in a federal indictment. He received the first of two
letters His attorneys met and corresponded repeatedly with the
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federal prosecutors while Mr. Rubashkin remained in Postville awaiting the
criminal charges that the prosecutors said they were intending to bring. Various
employees of Agriprocessors were indicted in the months following the raid. Mr.
Rubashkin made no attempt to flee notwithstanding the very public nature of the
investigation in which he was targeted and the indictments of Agriprocessors
employees. He even traveled to Canada to visit a sick friend and returned to
Postville while the filing of formal charges and an arrest were imminent.
Before the May 2008 raid, Mr. Rubashkin had an absolutely clean record,
and there is no reason to believe that he would flout the law or attempt to flee from
it. In response to the charges filed against him he has always asserted his innocence
and declared that he is confident of ultimate vindication after a fair legal process.
After his initial arrest on an immigration charge on October 30, 2008, Mr.
Rubashkin was released on a one-million-dollar bond. One day after indictment on
the immigration offense, he was again arrested with extensive publicity on bank
fraud charges. The Magistrate Judge ordered him detained because he is Jewish
prosecutors, would make extradition difficult or impossible. The District Court
reversed that decision after 76 days of imprisonment. Mr. Rubashkin thereafter
complied with all conditions of his release. Indeed, on one occasion when his
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electronic bracelet came loose, it was Mr. Rubashkin who notified the authorities
of this fact and had it corrected.
Mr. Rubashkin has been ardently supported in his defense by significant
segments of the Orthodox Jewish community. Many visited him before his trial
and many attended the court proceedings. Relatives, former employees, and friends
are certain enough that he will be remaining in the United States and will not flee
that they have offered to post their homes, totaling approximately 8 million dollars
in equity, as security for his presence in court. The Orthodox Jewish community
has even offered valuable and sacred Torah Scrolls as security. Mr. Rubashkin
proposed every conceivable restraint that could be imagined short of imprisonment
including not only electronic monitoring but also a 24-hour armed guard around
his home if he had been permitted to live at home pending sentencing. Living at
home even under conditions that are identical to home imprisonment -- would
enable him to follow the strict rules of Orthodox Jewish observance and assist his
wife and family, including an autistic son and children aged 11, 9, and 7.
We recognize that the burden imposed by federal law on an accused who has
been found guilty and is appealing his sentence is substantial. Section 3143(b) of
Title 18 mandates that he
community if released under section 3142(b) or (c)
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in reversal or in an order for a new trial.
No one claims that Mr. Rubashkin poses any danger to the safety of any
other person or the community if he is released from prison pending disposition of
his appeal. The District Judge denied request for release pending
sentencing . The District Judge did
not explain why
including the most drastic condition of a 24-hour
personal armed guard .
The conditions of release proposed by Mr. Rubashkin
guaranteed that Mr. Rubashkin could not flee. The combination of a personal 24-
hour guard and an electronic bracelet, together with financial guarantees totaling 8
million dollars, and the assurances of a significant community in the United States
confirm what has been obvious throughout the proceedings involving Mr.
Rubashkin that he has no intention of fleeing, that he is contesting in the courts
of the United States the charges made against him, and that he will accept the
result of that battle after a fair proceeding. In a high-profile New York case
following the arrest of a French citizen who was removed from an airplane as it
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released on bail conditions co
counsel.
S
Court. If he prevails on either of the first two questions, a new trial will be granted.
These issues satisfy the statutory standard in 18 U.S.C. § 3143(b)(1)(B).
ST A T E M E N T
The factual history of this case is recited at pages 1-
Principal Brief. The legal issues raised on appeal that could result in a reversal and
a new trial appear at pages 27-48 of Appel -18 of
and at pages 48-
and pages 19- .
the District Court held an evidentiary hearing
attached as Exhibit 1. On November
20, 2009, Judge Reade granted ed Mr.
Rubashkin pending sentencing (Exhibit 2). She summarized the evidence presented
at the hearing, which included (1) testimony of the United States Probation Officer
who testified that Mr. Rubashkin had complied without fail with all terms of
release and had
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testimony of Mr. Rubashkin about his religious obligation to comply with the
teaching in Postville during his pretrial release, (3) evidence
of
one thousand letters and e-mails of support written by members of his community
from 43 individuals willing to pledge the equity in their homes for his bail, and (4)
testimony from a rabbi who heads his legal defense committee that Mr. Rubashkin
t could
2, pp. 3-4.
Services that is prepared to provide 24-hour armed guard surveillance at Mr.
Exhibit 3. This proposal had been presented at the earlier
January 2009 detention hearing, but the District Judge had found such additional
safeguard to be unnecessary at that time.
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Nonetheless, the District Court found that the prose
She ordered that he be detained pending sentencing.
Exhibit 2, p. 5 [Dkt. No. 748].
On December 23, 2009, appellate counsel applied to this Court for release
pending sentencing. United States v. Rubashkin, No. 09-3939. This Court denied
release pending sentencing on January 8, 2010. Exhibit 4. The Supreme Court
denied certiorari on March 30, 2010. Exhibit 5.
Appellant was sentenced on June 22, 2010. Exhibit 6. Following sentencing,
an oral motion was made to the District Court for bail pending appeal. That motion
was denied. Exhibit 7 [Dkt. No. 928].
A R G U M E N T
Sholom Rubashkin was found guilty of participating in conduct that
misrepresented to his single lender the true value of security on which he could
take draws pursuant to his business loan. By June 16, 2011, he will have spent 76
days in prison prior to trial and 575 days following his trial for a total of 651
days. We now request that this Court order his release pending disposition of this
appeal on all or some of the conditions of release proposed by his trial counsel.
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The Bail Reform Act of 1984 authorizes imprisonment of a defendant who is
not a danger to the community prior to decision on an appeal that raises substantial
questions of law only if there are no conditions of release that provide adequate
assurance that such a defendant will appear as required. The Act shifts the burden
immigration raid of May 12, 2008, d
the conditions of release proposed by his trial counsel guarantee his continued
presence in the United States.
him and his family. He and his wife, Leah, have ten children, of whom three are
under the age of 12. A fourth, a teenager who was particularly close to Mr.
condition has worsened materially as a result o
Incarceration of Mr. Rubashkin in prison rather than effective arrest at his
home also imposes severe hardship because of the stringent demands of the
p
significantly hampered by his incarceration. He is one of only a handful of
Orthodox Jewish prisoners at any security level in the Bureau of Prisons. Due to
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the length of his sentence, he is required to be incarcerated in a medium security
facility that simply cannot effectively accommodate the practice of his faith.
We have deferred the submission of this application until oral argument of
this appeal a juncture when this Court can see that there are very substantial
reasons to challenge the fairness of the trial. Not only should the trial judge have
recused herself and fully notified trial counsel of her participation in preparations
for the raid, but the admission of prejudicial evidence of immigration-law
I .
T H E PR OPOSE D C O NDI T I O NS O F R E L E ASE V IR T U A L L Y G U A R A N T E E ,
AS PR ESC RIB E D IN SE C T I O N 3143(b)(1)(A), T H A T M R . RUB ASH K IN
The District Judge granted the prosec
and
ased under [§] 3142(b)
Exhibit 2, p. 5. This finding was clearly erroneous. And even assuming
arguendo that
are more than adequate to assure his presence ing
standard.
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A . F inding Does Not Preclude
Bail Pending Appeal.
In United States v. Maull, 773 F.2d 1479, 1486-1488 (8th Cir. 1985), this
Court, sitting en banc, articulated the standards that govern applications for release
between the factors (a)
and the nature and seriousness of the danger to any person or the community that
w (b) those that relate to
the conditions of release of section 3142(c)(2)(A)-
The proposed to the District Court and again to
this Court reviewed would assure Mr.
, and this Court should accordingly release Mr.
Rubashkin pending disposition of this appeal on the same conditions that governed
his release pending trial or on additional conditions.
The
least restrictive further condition, or combination of conditions, that will
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in Section 3142(c)(1)(B). And Section 3143(b)(1)(A), which governs release
pending appeal, incorporates Section 3142(c). This Court held in United States v.
Welsand, 993 F.2d 1366 (8th Cir. 1993), that a District Court considering whether
to release a defendant pending sentencing under Section 3143(a) should consider
the sufficiency of the conditions specified in Section 3142(c)(1)(B), which include
See also United States v.
Spilotro, 786 F.2d 808 (8th Cir. 1986); United States v. Orta, 760 F.2d 887, 891-
892 (8th Cir. 1985) (en banc) (judicial officer has duty to determine conditions that
; , 895 F.2d 810 (1st
Cir. 1990) (electronic bracelet and posting home as security sufficient to
reasonably assure presence of narcotics defendant who was a flight risk).
A court may not, therefore, deny release pending sentencing or pending
appeal .
arguendo that the
condition or conditions would achieve the result contemplated by Section 3142(c)
B . The 24-Hour-Guard, E lectronic Monitoring, Forfeiture of Valued
Religious Scrolls, and Several Million Dollars in Property Posted by
.
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Given his meticulous indeed, religious adherence to the conditions of
release heretofore imposed, the conditions of release that governed Mr.
presence while his appeal is being decided. No specific reason has been stated by
the prosecution for concluding that these conditions are now inadequate, and the
District Court never addressed the sufficiency of these conditions.
(1) 24-Hour A rmed Guard Global Security Services of Davenport, Iowa,
submitted a letter proposal for an armed guard to be stationed 24 hours a day at Mr.
ome, where a camera system would also cover the exterior of the
house. Exhibit 3. A comparable service could be provided in the New York area.
Mr. Rubashkin would be arrested and held by the armed guard if he ever tried to
leave his home without prior authorization. Payment for the service would be made
far enough in advance that the service could not lapse without ample advance
notice to the prosecution.
(2) Forfeiture of Valued Torah Scrolls Torah scrolls have been offered
as security by six rabbis. This is an extraordinary sign of confidence by the
(3) Millions of Dollars Family, friends, and
appearance. Exhibit 8.
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(4) E lectronic Monitoring Mr. Rubashkin would wear an ankle bracelet
and be electronically monitored, as he was during his pre-trial release.
I I .
T H E DIST RI C T C O UR T M R . RUB ASH K IN W AS
W AS C L E A R L Y E RR O N E O US
The record made in two detention hearings established that Mr. Rubashkin
had been a long-time resident of Postville with a large family that lived there with
him for many years. He founded Jewish institutions in Postville and had strong ties
to the community. He never tried to flee from any legal difficulty. Compare United
States v. Kisling
; United States v. Jacob, 767 F.2d
505, 508 (8th Cir. 1985). He had no history of engaging in any violent conduct.
Compare United States v. Orta, 760 F.2d 887, 889 n. 7 (8th Cir. 1985).
The District Judge actually made many findings that support the conclusion
that Mr. Rubashkin is not a flight risk. Her general statement criticizing
to find any specific fact that would support the conclusion that there is any real
danger that Mr. Rubashkin is planning to flee or can flee. The alleged assistance he
gave to two individuals who left the United States and traveled to Israel was
explained by Mr. Rubashkin at the detention hearing (Exhibit 1, pp. 29-34).
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Moreover, this evidence basically double hearsay did not reflect in any way on
shame he would bring to his community and his supporters if he would flee, his
attachment to his family (and his autistic son, see Exhibit 1, pp. 26-28) are
significant ties that will keep him at his home. And he was, according to his
1, pp. 4-7), exceedingly scrupulous in
adhering to every minutia of his pre-trial release. He even alerted her when his
electronic bracelet malfunctioned!
The grounds that have justified findings in reported cases that defendants are
s a) ties to a foreign country (e.g., United States v.
Abad, 350 F.3d 793, 799 (8th Cir. 2003) (foreign citizen with no children); United
States v. Jamal, 326 F. Supp. 2d 1006 (D. Ariz. 2003)
and minimal assets in the
United States); United States v. Ruiz-Corral, 338 F. Supp. 2d 1195, 1198 (D. Colo.
); United States v. Vergara, 612 F.
Supp. 2d 36 (D.D.C. 2009) (
, or (b) a history of flouting the law or of avoiding arrest (e.g., United States
v. Braiske, 2009 WL 3616246 (N.D. Iowa Nov. 22009); United States v. Scales,
-imposed
). We have found
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no reported case in which a defendant who, like Sholom Rubashkin, had no ties to
On the other hand, courts have released defendants over government
objection on far more aggravated circumstances and greater likelihood of flight
than is presented by the record of this case. And the conditions of release in these
other reported cases have been equal to, or less extreme, than was proposed by Mr.
Rubashkin. See, e.g., United States v. Madoff, 586 F. Supp. 2d 240 (S.D.N.Y.
2009); United States v. Dreier, 596 F. Supp. 2d 831 (S.D.N.Y. 2009); United
States v. Chavez-Rivas, 536 F. Supp. 2d 962 (E.D. Wis. 2008); United States v.
Demmler, 523 F. Supp. 2d 677 (S.D. Ohio 2007).
A recent highly publicized case illustrates the inequity in imprisoning Mr.
was made in the New York State prosecution of the head of the International
Monetary Fund, Dominique Strauss-Kahn, who was arrested and will stand trial on
attempted rape charges. Unlike Mr. Rubashkin, Mr. Strauss-Kahn (a) is a citizen of
a foreign country and not a citizen of the United States, (b) has no permanent
residence in the United States, (c) was apprehended on an airplane as he was
leaving the United States, and (d) could not be successfully extradited because
France, where he is a citizen, does not extradite French citizens to the United
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States. Nonetheless, Mr. Strauss- with a 24-hour guard,
electronic monitoring, a one-million-dollar cash bail, and a five-million-dollar
bond was ordered. See Exhibit 9. These conditions are comparable to those offered
by Mr. Rubashkin and the community that supports him.
concern regarding Mr. Strauss-Kahn was not sufficient to
justify his continued imprisonment, Mr. Rubashkin, who is a United States citizen
only, resides with his family in the United States, was not apprehended while
leaving the United States, and could be extradited from a foreign country
(including Israel) should surely be released on the same conditions.
I I I .
T H E F IRST ISSU E R A ISE D O N APPE A L
L I K E L Y T O R ESU L T IN . . . A N O RD E R F O R
iefs in this Court raised two issues that would warrant reversal
and the grant of a new trial. The oral argument of this appeal held on June 15,
2011, did not reach the second of these issues, but the discussion of the first issue
demonstrates that it is a question
United States v. Powell, 761 F.2d 1227, 1230 (8th Cir. 1985) (en banc). This
is the definition of
the language of Section 3143(b)(1)(B)) that was provided in
United States v. Giancola, 754 F.2d 898 (11th Cir. 1985), and has been followed in
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nearly all Circuits, including this one. See cases cited in United States v. Maher, 10
F. Supp. 2d 594, 596 (W.D. Va. 1998). Applying this standard, Mr. Rubashkin
C O N C L USI O N
For the foregoing reasons, this Court should order the release, on appropriate
conditions, of Mr. Rubashkin pending disposition of his appeal.
Respectfully submitted,
Dated: June 16, 2011 s/Nathan Lewin______________________ N A T H A N L E W IN A L Y Z A D . L E W IN L E W IN & L E W IN , L LP 1775 Eye Street NW, Suite 850 Washington, D.C. 20006 (202) 828-1000 Attorneys for Defendant-Appellant
Of Counsel Mark E. Weinhardt BELIN McCORMICK, P.C. 666 Walnut Street, Suite 2000 Des Moines, IA 50309 (515) 283-4610 Shay Dvoretzky Yaakov Roth JONES DAY 51 Louisiana Avenue, NW Washington, DC 20001-2113 (202) 879-3939
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CERTIFICATE OF SERVICE I certify that I electronically served a copy of the foregoing document to which this certificate is attached to the parties or attorneys of record, shown below, on June 16, 2011.
By: s/ Nathan Lewin NATHAN LEWIN COPIES TO: Counsel of Record
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C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF IOWA
UNITED STATES OF AMERICA,))
Plaintiff, ))
VS. ) CR 08-1324)
SHOLOM RUBASHKIN, ))
Defendant. )
APPEARANCES:
ATTORNEYS PETER E. DEEGAN, JR., CHARLES J. WILLIAMS, AND MATTHEW J. COLE, Assistant U.S. Attorneys, Suite 400, 401 First Street S.E., Cedar Rapids, Iowa 52401, appeared on behalf of the United States.
ATTORNEYS GUY R. COOK, of the firm of Grefe & Sidney, 500 East Court Avenue, Suite 200, Des Moines, Iowa 50309,
ANDATTORNEY F. MONTGOMERY BROWN, of the firm of Brown & Scott, 1001 Office Park Road, Suite 108, West Des Moines, Iowa 50265, appeared on behalf of Sholom Rubashkin.
DETENTION HEARING,
held before the Hon. Linda R. Reade on the 18th
day of November, 2009, at 4200 C Street S.W.,
Cedar Rapids, Iowa, commencing at 8:57 a.m.
Patrice A. Murray, CSR, RPR, RMR, FCRRUnited States District Court
4200 C Street S.W.Cedar Rapids, Iowa 52404
(319) 286-2324
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INDEX
WITNESS D C RD RC
Lindsay Skelton 4 8
Sholom Rubashkin 9 37 68
Sholom Gurkov 70 73
Sholem Hecht 75 87
Michael Fischels 96 108 113
EXHIBITS
O R
Exhibit No. 6 99 99Exhibit No. 7 99 99Exhibit No. 1300 106 106Exhibit No. 1301 104 104Exhibit No. 1302 102 102Exhibit No. 1303 102 102Exhibit No. 1304 102 102Exhibit No. 1319 105 105Exhibit A 92 95Exhibit A-1 94 95Exhibit A-2 16 16Exhibit A-3 93 95Exhibit B 92 95Exhibit C 92 95Exhibit D 93 95Exhibit D-1 93 95Exhibit E 93 95Exhibit F 93 95
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THE COURT: We're ready to proceed in the
case of United States of America versus Sholom
Rubashkin, case number 8-1324. Mr. Rubashkin is
here with his attorneys. The government is
represented. This is a detention hearing. And
under the statute, the defendant has the burden.
And so, Mr. Cook, Mr. Brown, I'm happy to
receive any evidence that you'd like to offer.
MR. COOK: Thank you, Your Honor. We,
first of all -- preliminarily, we have supplied to
the government and to the Court hard copies of the
documents that we e-mailed courtesy copies to the
Court last evening. And we placed the originals of
those on the Court's bench, and have given copies
to Mr. Deegan and his counsel. And those contain
letters of support, e-mails, resumes, mortgage
letters, and other documents, which will address
certain witnesses here.
Also, Your Honor, with respect to a
preliminary matter, we would ask, with the Court's
permission and the approval of the US Marshals,
that the handcuffs of Mr. Rubashkin be removed. We
do intend to call him as a witness, and it might
assist the process if the Court would permit that.
THE COURT: That would be fine. Thank
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you.
MR. COOK: Thank you, Your Honor.
We would call as our first witness
Lindsay Kelton [sic].
THE COURT: Skelton.
MR. COOK: Skelton, Your Honor. I'm
sorry, Your Honor.
THE COURT: Ms. Skelton.
LINDSAY SKELTON,
called as a witness, being first duly sworn or
affirmed, was examined and testified as follows:
THE COURT: Please come to the witness
stand.
DIRECT EXAMINATION
BY MR. BROWN:
Q. Would you state your full name for the
record, please?
A. Lindsay Skelton.
Q. And what is your profession, ma'am?
A. United States probation officer.
Q. How long have you been employed in that
capacity?
A. Approximately four and a half years.
Q. In that capacity, did you have some
responsibility for supervising Sholom Mordechai
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Rubashkin?
A. Yes.
Q. And from approximately when did that
supervision period begin?
A. October 30, 2008.
Q. And then did there come a time when he was
detained?
A. For a brief period of time on a new charge.
Q. All right. And then have you been
supervising Mr. Rubashkin since he was released
from jail in approximately January of 2009 until he
was detained last Thursday?
A. Yes.
Q. And during that period of time, have you
determined or -- that he violated his supervised
release in any way?
A. No.
Q. How frequently would he check in with you?
A. He was required to call me every Monday for a
weekly check-in and any time he needed to ask
permission to travel out of town to see his
attorneys or if something else that he needed came
up. So he was in frequent contact with me, and we
used e-mail and text messages as well.
Q. And then did he have his lawyers make various
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requests of you for travel authorization at times
as well?
A. Yes.
Q. And did you give him extended stays in
Des Moines as he prepared for his case?
A. Yes, and he would provide me with where he
was staying and when, and then we would also track
that on the GPS.
Q. And did he ever ask for permission to travel
out of state?
A. Yes.
Q. And did you ever grant that permission?
A. Yes.
Q. On how many occasions?
A. I believe two.
Q. And do you know what the nature of the travel
request was?
A. For religious prayer services in New York.
Q. And did he return from those trips in a
timely manner?
A. Yes.
Q. And how was his manner of transportation to
New York for those religious purposes?
A. Vehicle.
Q. Would you hazard to guess how many airports
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the vehicle passed on the way from Postville to
New York?
A. I have no idea.
Q. You're generally aware that New York has more
than one international airline?
A. Yes.
Q. And would Mr. Rubashkin check in upon his
return from those two trips to New York?
A. Yes.
Q. And did there come a time when his bracelet,
electronic monitoring device, came loose or was
starting to fall off?
A. Yes. Not during one of the trips to
New York, but, yes, while he was in Postville.
Q. And what did he do to remedy that so there
wasn't any malfunction or appearance that he wasn't
wearing the bracelet?
A. Well, he taped it. And I don't recall if it
was with duct tape or not, but it was taped. And
our system cleared, and then he immediately came
into the office the next day.
Q. Have you had any problems with Mr. Rubashkin
following any of your supervisory rules during the
time period that you have supervised him?
A. No.
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MR. BROWN: No further questions, Your
Honor.
THE COURT: Cross-examination.
MR. DEEGAN: Briefly, Your Honor.
CROSS-EXAMINATION
BY MR. DEEGAN:
Q. Good morning, ma'am.
A. Good morning.
Q. When he took his out-of-state trips, were
those for specific approved purposes?
A. Yes.
Q. And I think you said they were for purposes
of religious practices?
A. It was my understanding it was religious
prayer or something to do with the religious
practices.
Q. All right. Did he have approval to do other
things while he was out of state?
A. No.
Q. All right. So did he ever tell you whether
or not he met with his committee to fund his
defense while he was out in New York?
A. No.
MR. DEEGAN: No further questions, Your
Honor.
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THE COURT: Anything else, Mr. Brown?
MR. BROWN: No, Your Honor. That's fine.
Thank you.
THE COURT: Thank you, Ms. Skelton. You
may step down.
Further evidence?
MR. COOK: Yes, Your Honor. We would
call Sholom Rubashkin.
THE COURT: Mr. Rubashkin, please come
forward.
SHOLOM RUBASHKIN,
called as a witness, being first duly sworn or
affirmed, was examined and testified as follows:
THE COURT: Please be seated.
DIRECT EXAMINATION
BY MR. COOK:
Q. Everyone knows who you are, but please state
your name for the record.
A. Sholom Mordechai Rubashkin.
Q. Mr. Rubashkin, let's talk about that period
of time after your indictment until your trial
commenced. What were you doing with yourself in
Postville?
A. You mean from January? After I was released
in January?
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Q. Yes, sir.
A. I -- I basically -- I stayed home, and I went
to the school. And I was either praying myself or
teaching the kids at school, either morning or
night. And then when I was needed to go for
working with my lawyers, I got permission. I went
to -- to work with my lawyers.
Q. And the school that you were working at, tell
us a little bit about that, please.
A. There's the Postville school that has all the
children there. And they come from -- some from
Postville, some from all over the country, to study
there. And it's -- and it seems that I was able to
teach them, and the staff there was very happy with
what I was doing, so actually, I did more and more,
either one-on-one or one-on-ten. I was teaching
them.
Q. And what sort of teaching were you involved
with?
A. The Torah, either the Talmud or Hasidis.
Q. Did you establish a further rapport in
relationship with the students there at the school?
A. Quite a number of students somehow clicked
with me, and, actually, their behavior, what I was
told later from this -- from the -- from the
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principal, that their -- their behavior in school
developed a lot better, and their inclination to
learn got a little better, got more serious. It
seems that I had a pretty good impact on them.
Q. Who's the dean of the school there?
A. There's a Rabbi -- I'm not exactly sure what
a dean is, but Rabbi Gurkov is the older gentleman,
the older Rabbi, and then there's Rabbi Eliyahu
Bensimon, and then the Rabbi Levin.
Q. What other activities were you involved in
from your release in January until your trial?
A. I did a little bit of work on some companies
that I had my name on that were in the bankruptcy,
Nevel and Best Value and Cottonballs. I did a
little bit of that with the court-appointed
trustee, a few hours a week on that or more,
whatever was needed. And basically, that's --
unless you can remind me, I can't remember right
now.
Q. All right. And we've heard the testimony of
your probation officer. Did you get permission to
travel to Des Moines to meet with your lawyers on
numerous occasions?
A. Yeah, whenever -- before I would travel
outside the court-appointed area that I was allowed
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to on bail, I would either call or -- she preferred
texting, so I texted her what my plans would be.
And I waited for a response, and then I followed
directions from her; if I can go, if I can't go, or
what I should do. And in the event that she
wouldn't answer me, I would typically call up Monty
or Adam, my lawyers, to see if they can get ahold
of her and find out before I could leave. And I
kept always very much in touch with where I was
exactly. When I came back to the hotel, I was --
maybe I would text her. Sometimes I texted a
little too much, but she said it was fine.
Q. Did you do your best regarding those
conditions regarding your travel?
A. I think I did a very good job complying with
everything I was told to do.
Q. There's been some mention of some trips you
took outside the state of Iowa. Where did you go?
A. Well, on two occasions I asked permission
through my lawyers to get -- to go to New York to
pray at the rebbe site, and from there, go on to
770, and then go to Borough Park where my parents
were, and then leave about seven, eight o'clock.
And I complied with the time frame. I kept Lindsay
abreast of when I arrived in New York. I was
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very -- very -- you know, they never asked me which
direction I'm going, which road I'm taking, which
highway I'm taking, you know. They just -- I just
went there.
I got to New York. I texted where I was.
I did what I had to do, and then abided again by
everything as I understood it. And then left
New York on approximately a time I said I would
leave, and headed back to Iowa. Actually, I didn't
sleep all night in order to comply with the time
frame. It was a real strenuous trip, you know. I
didn't call in to ask for more time to sleep or
more time to do this, more time to do that. I
stayed within the confines of the time that we
agreed upon, and I left.
Q. How was the travel accomplished from Iowa to
New York and back?
A. I took a car, a van actually. A van -- the
first time, it was a Suburban, a van. I got two or
three drivers with me. First time, I think it was
three drivers. Second time, two drivers. I don't
have a license, so I couldn't drive. And they
switched off every few hours. We slept in the car.
And we got to New York. And when we got to
New York, they slept a little bit more, in the car,
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on the way home. They slept a little bit there.
And we headed back.
Q. And when you were in New York visiting the
sites that you've described, approximately how far
were you from an international airport that would
allow persons to travel outside the United States?
A. I traveled -- I mean, I passed Detroit. I
passed Cincinnati. I mean every single -- I passed
a multitude of airports along the way. We came
into New York, New Jersey. There's an airport in
New Jersey. There's an airport, the JFK, about 4
miles from -- 4 miles away -- whatever, a few miles
from the -- from the Rabbi's place. And LaGuardia
is maybe 20 minutes away.
MR. COOK: May I approach, Your Honor?
THE COURT: Yes.
Q. I want to shift gears for just a moment and
hand you what we've marked in this record as
Exhibit A-2, and direct your attention to the
second page, which is an article appearing in a
Jewish publication regarding this case and your
defense of the case. Do you recognize that
article?
A. Yeah, this is an article I -- that was
printed in the Mishpacha magazine.
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Q. And what is that magazine?
A. If I remember, this is about the largest
Jewish magazine. It has an English -- English
print and it has a Hebrew print in Israel. They
reach a number of -- I don't remember, 1 and half,
2 million. I guess that number must be with
Israeli print also. It's the largest weekly Jewish
paper.
Q. And it's fair to say this is an article
describing the case and your efforts to deal with
the charges against you?
A. Yeah, we stayed away mainly from the -- it
was more -- stayed away from the legal issues.
It's more about me and my family, and how the whole
case was affecting me and my family, how I was
dealing with the issues, what I felt was the --
what was the trigger that started the whole thing.
And we spoke about that and how -- all these
outside forces that came in and basically took
apart a very promising, beautiful community.
Q. What I'm most interested in, sir, is after
this article appeared, did it come to your
attention that the charges against you and the case
that was proceeding became more well-known to
persons within the Jewish community?
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A. For sure. I mean, this started off as
English print, and it took -- it took off like a
very, very -- like wild fire. Everybody was
reading it and talking about it. And then from
there, the next week, they -- I guess as a result
of success in America, they reprinted it, which I
don't know how common that is in the Israeli paper,
and there was another version of the story in
Hebrew.
MR. COOK: Your Honor, we'd offer --
A. So it became very, very well-known throughout
the Jewish world about this story.
MR. COOK: Your Honor, we would offer
Defendant's Exhibit A-2.
MR. DEEGAN: For what it's worth, Your
Honor, no objection.
THE COURT: A-2 is received.
(Whereupon, Exhibit A-2 was received.)
MR. COOK: Thank you, Your Honor.
Q. Let's shift gears again and talk about the
financial support you've received for the defense
of your case or cases. How has that been
coordinated?
A. Well, after the raid, after actually -- I --
I was left with basically no resources. Any
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resources that I thought I had was either --
basically, the government took a position that any
resources that I had could not be used by -- by
anybody that could use it in the Agriprocessors's
field, so that left anything that we owned
worthless, so that pushed the trucking company into
bankruptcy. Cottonballs had twelve houses that
didn't grow any chickens. They were hauling
chickens out from the west instead of growing them
closely. And then housing, obviously less people.
That was the bankruptcy. And I never had any CDs
or bank accounts to put money away, and I was
basically left without any money. And fortunately,
between -- and my family, the same way. So
fortunately, the community, who we call the
community, the Jewish people, when seeing my
problems, they -- they got together and -- Rabbi
Hecht and actually Rabbi Lipshitz and a lot of
other people, and started getting people interested
in my story and trying to get legal help, at least
to -- to see from a legal perspective what can be
done to go forward with my case.
Q. All right. And was Rabbi Hecht then the
person who was sort of the leader of this group
assisting you with your case?
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A. Yes.
Q. And briefly, what do you understand that
Rabbi Hecht and his committee did to assist you
with your case?
A. Well, they basically -- well, they took care
of the legal costs, and also, I guess, legal
strategy. I think it was more in their area than
my area, although I was available to my legal team
for what I knew about the case. A lot of
discussions was done with them of how to proceed
and what to do.
Q. I'm most interested in what you know about
the scope of support that you've received that was
coordinated by Rabbi Hecht. What can you tell us
about that?
A. If I can humbly say, it's absolutely
phenomenal, the type of support that I have
experienced throughout this -- throughout this hard
time, because if anybody knows the Jewish
community, it has a lot of different fragments or
parts to it. There's the Hasidic community.
There's the Orthodox community. There's -- in that
itself is a lot of many different parts to it. And
the support has come in from every single part of
Judaism. For example, I'm from the Lubavitch
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Chabad. They are very, very supportive. But you
have from the Yeshiva world a lot of support. You
have from the Sakhmah (phonetic), which is
actually -- used to be a little antagonistic to
Chabad, and they rallied around with support. It's
amazing, the type of support that came across the
whole scope of different Jewish groups, whether it
be in America, whether it be in any other place.
It just -- it's just amazing and quite humbling to
be able to have that support, something I never
knew that I was able to get.
Q. All right. Let's talk about if -- if you
were to be released on bail pending the second
trial and your sentencing on the jury's verdict in
the first trial, what are your intentions with
respect to obligations of bail provisions and
orders of the Court?
A. My intentions would be to follow them to the
very strict letter. I would -- I would basically
stay home. I would maybe -- I hope the Court does
allow me to go back home. I would stay home and
follow all the bail provisions very, very
carefully, as I did before. And I will respect the
terms of the bail. My word is to follow it. And
I'll come to every single court case on time and do
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everything I'm supposed to do.
Q. Now, prior to the jury's verdict and you
being taken into custody, did you wear at all times
a GPS monitoring device?
A. Yes. I have a GPS monitoring device on my
foot, always was there. She never had a problem
with it being charged -- or not charged that I
remember. I always kept it charged. Before the
Jewish holidays when I couldn't answer any phones,
I gave her a number from a neighbor or somebody
that would be able to address it if there was a
problem. There was never a problem. One time
there was a problem, and you can tell by the tape.
I tried very hard to be in touch with the officer
and make sure that everybody understood where I
was. And my only intention is to go through this
process and to use -- utilize any legal defense
that is afforded to me, and to defend myself, and
live with what the court system eventually does.
Q. Now, let's talk about your case where the
jury returned the verdict. You, of course, were
present throughout that trial. Have you had the
opportunity to learn certain legal issues that your
lawyers are pursuing by way of a motion for
directed verdict?
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A. I'm not really clear. I realize there's some
motions in there, and I'm not really -- even though
it looks like I'm following what's going on, I'm
not really following exactly all these things that
are going on. But I do realize there's a good
legal argument to continue my defense, and I'm
hopeful that it will come out with an innocent
verdict.
Q. And you understand as well, while not knowing
the specifics of legal arguments, that upon
sentencing, there would be an appeal of the jury's
verdict?
A. I don't understand that legal stuff, but all
I can say is, I'm here to abide by what the Court
tells me to do and I'm not -- as I did before, I'm
going to do everything I'm told to do and do it
very carefully.
Q. And if there was an appeal of the jury's
verdict following your sentencing, do you have an
understanding as to whether there are significant
legal issues for the Court on appeal to review?
A. Yeah, I understand the -- I understand that
with -- with the ability of an appeal, then there's
a very strong possibility that I can be acquitted
of the charges and actually come out innocent,
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which I really pray I do, because I really feel I
am, and I wouldn't do anything to hurt that.
Q. Now, during the trial, there were a number of
persons who came on a daily basis to the courtroom
from the Jewish world. Who were those people?
A. Most of them I don't even know. Some of them
I do know. Some of them have been friends from
different communities in the states. And they
stopped by for a day to say -- give me support.
Some are relatives. A lot of them are just people
coming in as a support. I -- they came in from
New York, from Chicago, the school from Chicago
came, from Minnesota, from New York. There
wasn't -- they were just there as a support for me.
It wasn't anything other than like a --
understanding the pressure that I'm under, they
came to pick up my spirits. And actually, after
the court, I spent some time studying with them in
the schools.
Q. All right. And I want to follow up then on
the people that came to visit. When you were not
in court, what sort of religious activities or, for
lack of a better word, ministering occurred outside
the courtroom?
A. The first week of court, there's a family,
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the Graham family, in South Dakota, a Jewish
family, they asked, some rabbi, if I could come
over and talk to them. I went over there one
night, and we had a little lesson there, about
forty minutes, and then they started coming over to
the hotel and talking to us. They were kind of
inspired. We had a -- one Saturday, we made a
meal, which twelve people from the community came
over, and we -- Rabbi Feller came from Minnesota,
and it was a real nice meal together, community
meal. And actually there was one woman who passed
away that needed a prayer service, a South Dakotan,
her name is Chaya Mushka. Her brother came from
Chicago and asked us if we can come after court and
make a prayer service, so we went there after court
and we made a prayer service.
Q. What sort of activities occurred every
morning prior to court with you and other persons
who came to witness your trial?
A. Well, I had to be in court by eight o'clock,
and I have to get up about 4:35 and say some psalms
and prayers. And the official prayer started
somewhere about a quarter to seven, seven,
depending on sunrise. Actually, 7 -- it starts
7:50, 7:40, depending on the time. And then
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there's a rush to court to be on time. I tried
hard.
Q. And describe for us, then, what would occur
at this prayer service and who was present prior to
the court each day?
A. We -- for Jewish prayer every single morning,
we put on our tallits and tefillin. And then there
was about 45 minutes to an hour of praying. And
then sometimes -- Mondays and Thursdays you read
from the Torah scroll, and part of it can be done
before sunrise, and a big part of it has to be done
after sunrise. So we did that. And it has to be
done with ten people, ten men. Typically, we had
twenty, thirty people, and sometimes ten. And then
we started our day in court.
Q. I don't want to go too far into this, but
with respect to your religious obligations and
followings, what does your faith teach you about
compliance with court orders and orders regarding
appearance in court?
A. It says that -- that -- dina de-malkhuta
dina, the law of the land is the law of the land.
And by virtue of religion, actually, I have to
comply with the court order to stay here. I never
had any intentions to do anything other than that.
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I -- I just -- this is very, very phenomenal,
amazing, how people can misconstrue, somebody who
has been very, very careful to follow the court's
orders and stay and go through the system. And
whatever -- whatever verdict comes out, comes out.
And I'm man enough to do that. I think everybody
sees that. I never ran away from anything in my
life. And I'm here to say again, I'm here to stay,
go through the court system, and comply with any
bail proceedings the Court tells me, simply on my
word and on the word of everybody that knows me.
Now a lot of people know me. I will never, never
tarnish that. I will never hurt that.
Q. One moment, Your Honor. All right. Now, on
the subject of your court appearances, you
understand that you have a second trial that's set
for December 2, 2009, where a number of charges
regarding immigration offenses will be litigated?
A. Yeah. You said December 2?
Q. December 2.
A. I know sometime in December I'm supposed to
start the second trial, yeah.
Q. And you understand that there's also pending
a state case in the state courts in Iowa, which is
sometime later after the immigration trial?
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A. Yes, I understand all that.
Q. I want to shift gears again. You, of course,
are a married man, father of ten?
A. Yes.
Q. And --
A. I have grandchildren too.
Q. And you have a son with special needs, Moshe?
A. Yes, I do.
Q. And tell us about your relationship with him.
A. Well, Moshe is my seventh son, and we -- we
got -- we got -- we got -- we saw that something
was wrong about three or four years into it, and we
are quite an accepting family to begin with, so we
didn't realize something was really wrong. And
when we realized something was wrong, we got a name
called The Options Institute, which is the Autism
Center of America. And Leah and I, my wife and I,
both are very, very involved in getting him as much
as possible out of his autism. And the way you do
that -- there's no magic pill that's done.
Actually, we went to Massachusetts. We -- we got a
week -- a week at a time, a course in how to deal
with it, how to play with him. And there's a thing
called a playroom. You actually spend time with
him in the room at his speed and try to get him to
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understand that there's a world out there and how
to comply with the world. And I would come home
every single day, religiously, and spend at least
an hour eating supper with him.
For whatever reason, they saw that Moshe
was very inspired. In other words -- it goes by a
reward. When the kid sees that it does something
and he -- when he does something and somebody likes
it, he wants to do it again. Somehow with me and
him, there was a special relationship, where I
would show him that I was very happy with him
counting to two or three or learning A, B, C, or
whatever, he would try again harder. And so
suddenly it became another thing I had to do, with
love, but I spent a lot of time with him in the
room coaching him and pulling him out. You talk
about a boy who didn't speak a word from six years
old -- six years old, so he starts talking a little
bit now and is quite sociable. So there's
something in there between me and him that -- that
is -- that just -- he reacts to it. If I show him
excitement for what he did, he will try to do it
again. And that's the whole thing, is to keep on
showing it. And an autistic kid does not feel any
pain when he is in his closed world. He is quite
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happy where he is. So the idea is to show him, you
know, you are happy where you are, but there's
somebody else out here, come build a bridge, and
bring him out to you. And you do that by showing
him there's a fun world out there. And I used to
play with him, roll with him and play with him.
And we developed a very, very strong bond, way
beyond the father-and-son bond. It's really tight.
Q. And that's -- that's a bond that you consider
very important?
A. Oh, yeah, yeah, very strongly so. He's a
beautiful kid.
Q. And would you throw that all away by fleeing
the jurisdiction of the Court?
A. I am not fleeing anywhere. I'm not throwing
nothing away. This is -- I'm staying right here.
Q. And you and your family have lived in
Postville for fifteen-plus years; is that right?
A. We came to Minnesota, the midwest, I think it
was '90, '91 somewhere, so -- and '93 is when we
moved down, so figure it out. It's close to
seventeen, eighteen years. I was very active in
developing -- in developing the community. I have
a lot of friends over there. Until today, people
are very supportive, Jews and non-Jews alike. This
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is my home, and -- and I will not do anything that
would hurt that.
THE COURT: We have a little bit of an
echo in here. I don't know why.
Q. Let's -- let's move on to another topic at
this point in time. There was testimony at the
trial regarding Shlomo ben Chaim, who worked in
conjunction with Agriprocessors and then eventually
left his position at Agriprocessors and returned to
Israel. What do you know about that?
A. Shlomo ben Chaim was a Rabbi who worked at
Agriprocessors, and I feel it will become -- became
a lot clearer when the Rabbi testified. He was not
only a Rabbi working on the line, but he was a
little bit of an entrepreneur, and he had bought
property, and he tried this and that, and he was
always -- and when the Rabbi wanted us to get
this -- to get this -- this rabbinical payroll,
which was supposed to be capped out by a number
that they needed to clean the plant, so it was
never intended to do anything other than that, he
was put in charge because he went to Decorah and he
learned how to identify these IDs. And I don't
know if it came out in the trial. There was not
only pink IDs there. There was plenty of white IDs
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there. And he was supposed to give us a work staff
for us, about 50 or 60 people, which was needed
over the weekend, and that's why it got capped out.
I think the 86 number that was talked about was
because of turnover. I don't think there was ever
anybody hired more than 50, as far as I know, more
than 50 about, which was the cap on that payroll.
And he took care of that, and he was paid for that.
And after the raid, because the beef kill went
down, he basically lost his job, and he left, as
did many other rabbis leave in that period of time.
I mean, the workforce shrunk very, very rapidly
right after the raid.
Q. What involvement, if any, did you have
regarding his travel from Postville elsewhere?
A. I don't recall any -- any involvement at all.
I mean, let me explain -- let me explain something.
My -- my credit cards, personal credit cards, were
used by the company to buy whether it be tickets,
sometimes there was a credit hold for paper goods
or whatever, and emergency stuff, so I had American
Express, I had Citibank, I had Chase. My American
Express and my Diners Club were both sitting in a
travel company in -- in Borough Park, by Kupczyk
Travel, Borough Park Travel. And the system was
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that they -- he would -- the rabbi would call the
rabbi, or the rabbi would call maybe Heshy, or the
rabbi would call -- whoever needed the ticket
called actually Chaim Abrahams, would get
permission to book a ticket and book a ticket and
go. I didn't know who was being approved over the
airline tickets. I definitely didn't have the
peace of mind after the raid to go through the
hundreds of pages that came in from the American
Express, or whatever, and see whose name was on
there. I think I gave you a letter from the rabbi
stating that it was -- it was a -- quite a business
practice in Agriprocessors that when the rabbi came
to work at Agri, whether it be for a year or a few
years, Agri paid for the -- for the -- for the trip
to come. And then he had this credit, and when he
left, all he had to do was call up, "I want to
leave," and he'd leave and buy a ticket. And that
was like -- there was no special permission or no,
you know, do we do it or don't do it. That was
part of his package, and that's, I guess, what
happened. He must have called the travel agent
himself, picked up a ticket, and left. And people
are coming and going, and I was anyways in a
terrible state of mind. It didn't appear anything
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to me, anything out of the ordinary. And I was
quite surprised when I was on the stand last time.
They said I paid for it. I didn't know that
happened.
Q. Now, you mentioned that he left because his
position had been eliminated due to the beef kill
no longer occurring. Was there other rabbis that
left around that time as well?
A. I don't remember names, but a lot of -- a lot
of rabbis left after that time. The -- we had --
we had a two-shift kill on the chicken side, and
that two shifts was immediately down to one, and so
you had at least -- I'm going from memory now, and
I know I'm under oath, so I'm going to use the word
"approximately." The second shift, we must have
lost approximately ten to fourteen rabbis on the
chicken side. The beef side wasn't working at all,
and there was eight rabbis there, so -- and people
were coming and going. And at that point in time,
I had no -- I had no idea what was going on
anyways. And I want to make it clear, that this --
this card, you said it was charged on my card, this
number was sitting by the travel agent, and it was
ready there to book. And actually Wendy took care
of -- of approving or paying for it or whatever.
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Wendy was the one that took care of that. At
times, I would ask him to e-mail me who was buying,
just if I'd get interested in what was going on,
but at this particular point in time, I had no -- I
had no interest in what was going on. Things were
flying around faster than my mind can take. So I
really don't know. I had nothing to do with him
wanting to leave the country, and I would not -- I
would not have done anything ordinary [sic] to get
him out of the country, as I didn't do with anybody
else.
Q. Let's talk about that. There's been some
suggestion that you had involvement in Hosam Amara
leaving the jurisdiction. What involvement, if
any, did you have with his departure from the
United States?
A. I had no involvement with him leaving the
United States. He did ask me for some money
beforehand. There's actually a check before. If
you look through all the documents, that's
something that -- it was about a month before then,
Toby signs a check to Hosam Amara for $4,500 or
$4,000. And that wasn't brought up in the court
case either. I don't know why. He told me that he
had an issue with his wife, was having a breakdown,
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this, that, and the other. And I'm a softy. I'm a
sucker for people coming to ask me for help.
That's true. He didn't need my money to get a
ticket, and I would never give him money to leave.
Actually, after the raid, I had very little to do
with anybody. I was a target. And I was told by
my lawyers stay away from people, we're targets,
and that's what I did.
Q. Now, we have a notebook here with many
letters of support and e-mails of support. I know
you have not had the opportunity to review those
letters, but do you understand that a considerable
number of people have expressed their support for
you to the Court, that you will not flee the
jurisdiction?
A. I understand a considerable number. I was
given a number last night, maybe 600, 700 people,
maybe a thou -- yeah, I know there's a considerable
number of people have taken on that -- that
testimony. And again, if I can just say, I would
never hurt these people and violate their trust in
me by doing something like -- stupid like that.
Q. And do you understand that a number of people
have also pledged the equity in their homes as
additional bail to ensure your appearance?
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A. Again, I'm very humbled. I'm a person that
basically all my life am used to giving, but at
this point I'm being offered things. And again, I
would never hurt anybody. I would never put in
jeopardy anybody's house or anything. And people
that -- the mere notion that a person would give
their home is a tremendous act of trust, and I
would never violate that by -- by -- what you
say -- fleeing. It doesn't even enter my mind.
Q. And do you also understand that a number of
rabbis have offered to the Court as additional
security for your appearance the Torah scrolls for
their synagogues?
A. That's an amazing thing, because the Torah
scrolls typically are not to be used for anything
other than learning or for redeeming of a captive.
I guess that falls into this -- into this -- into
this situation that I'm in right now. And -- and I
understand, I would never jeopardize that either.
Like I said, all I want to do is I want to go home
and abide by what the law or the Court tells me to
do. And I will make every appearance. And
whatever verdict comes out, whatever sentence comes
out, that's what I have to live with. And that's
actually a religious law that I have to follow too
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right now.
Q. Now, I want to roll back before January. Did
you ever have any plans to flee the jurisdiction
and not face the charges that were pending against
you?
A. You know, a person's mind is something which
is sometimes at high speed, but I never ran away
from a fight. It would be terrible disgrace and
cowardice for me to leave. I never did anything --
I mean, even in the heighth, when I had all the
resources around me, I never contemplated that. I
have to stay where I am, and I have to address the
law. If I made a mistake, I made a mistake, but
you can't compound the mistake one on the other, so
I did not ever want to leave. I even said -- when
I was first picked up by Mike Fischels in his car,
I said to him that I want to say my side of the
story. And we had a talk about it, because he
mentioned me coming back from Canada. And I -- to
me, that's the biggest proof that I'm not going
anywhere. I was in Canada, and I came back
because, I said, I have nothing to run away from.
I'll tell you my side of the story, and whatever --
whatever the court system or the justice system
does at the end will be what happens.
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MR. COOK: Thank you, Your Honor. No
further questions at this time.
THE COURT: Thank you.
Cross-examination, Mr. Deegan.
MR. DEEGAN: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. DEEGAN:
Q. Sir, I want to talk about this matter with
Sholom -- is it Shlomo ben Chaim?
A. I know him as Shlomo.
Q. I believe your testimony was just now that he
was trained in how to identify identifications; is
that correct?
A. That's how he presented himself to me and to
the rabbi.
Q. And that these people that were put on the
Hunt payroll in 2007, that was for religious
reasons. Is that what your testimony is here
today?
A. That was always my testimony. Rabbi Cohen
attested to that.
Q. And just to be clear, sir. We're talking
about the people that were placed on the Hunt
payroll full-time in the fall of 2007?
A. I think Rabbi Cohen explained it, because he
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was involved, that he wanted to have a separate
payroll full-time. That's his testimony. Not my
testimony.
Q. Well, sir, you know what, let's get to your
testimony.
A. Okay.
Q. I want to know -- I want you to tell the
Court --
A. Yes.
Q. -- that the Hunt payroll in the fall of 2007
was for religious reasons and didn't have anything
to do with hiring undocumented aliens?
A. So how do you want me to say that? I want to
say the Hunt payroll in 2007 was for religious
reasons.
Q. But it's true, sir, that you knew these folks
were coming in with IDs that Elizabeth Billmeyer
would not accept, isn't that true?
A. That's not true, because Laura took care of
the Hunt payroll, and Elizabeth did not take care
of that. I did not see these IDs. I was not
trained for the IDs. I never signed it. I don't
know -- I don't know how to decipher it. And it
was done for religious reasons.
Q. And, sir, you were the one who asked Laura
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Althouse to put those people on the Hunt payroll,
isn't that correct?
A. And I asked Laura to open up the Hunt
payroll, up to 50 people, to accommodate what Rabbi
Cohen requested as far as religious reasons.
Q. But just so we're clear, in the fall of 2007,
okay, these folks that were put on the Hunt payroll
full-time, that was at your request, wasn't it?
A. I -- at my request, following my rabbinical
request from -- I was following Rabbi Cohen's
request to get it done, so I jumped and I did it
like an idiot. But I did it, yeah.
Q. And you know those people were put on the
Hunt payroll full-time, for all the hours that they
worked all week long, correct?
A. That's -- that's correct. Rabbi Cohen
testified that's exactly -- religiously, that's
exactly how it's supposed to be.
Q. And you just told the judge that your
understanding was it was going to be for weekend
workers, didn't you?
A. I did not say that.
Q. Wasn't your testimony that it was for 50 or
60 people to work over the weekend? You just --
you just testified to that, sir?
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A. Sir -- sir, the -- I recall explaining, if
you hire somebody just for the weekend -- the
target is for the weekend work, but if you just do
it for the weekend work, it looks like you are --
I'm not a rabbi here to explain this to you. Rabbi
Cohen did that. It's -- it's preferred not to
specifically only work on the weekend but to have a
worker for the whole week, which is also targeted
to work for the weekend.
Q. Sir, you knew these people were put on the
Hunt payroll after hours so that Elizabeth
Billmeyer wouldn't know, isn't that correct?
A. Well, this is -- this is a plant. They're in
the same office. This concept of Elizabeth not
knowing is a wild concept. I mean --
Q. So is it your testimony --
MR. COOK: Just a moment. I'm sorry,
Your Honor. I object. The witness has not been
allowed to answer the question.
MR. DEEGAN: It's not entirely
responsive, Your Honor. I'm trying to get to the
bottom line here. I don't want to drag this out.
THE COURT: All right. Mr. Rubashkin, do
you want to finish your answer?
THE WITNESS: I don't know what the
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question was.
THE COURT: Okay.
MR. DEEGAN: I'll ask another question,
Your Honor.
Q. Sir, you knew that -- you asked that this be
done without Elizabeth Billmeyer's knowledge, isn't
that correct?
A. Not correct, not that I -- no, not correct.
Q. So when Laura Althouse testified at trial
that that's what happened, she's not telling the
truth. Is that what you're saying?
A. I don't know what Laura --
MR. COOK: Your Honor, I object to that.
It's an improper question.
THE COURT: This is -- the Rules of
Evidence don't apply in a detention hearing. I'll
let the witness answer if he knows.
MR. COOK: Thank you.
A. I don't know what Laura testified and what
she said and why she said what she said. It's
physically impossible to have that process going
without Elizabeth knowing. So that should be a
question to Laura, not to me.
Q. Sir, you sat there and you heard her
testimony, correct?
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A. What should I do? Jump up and down and
scream "Lie"?
Q. I'm asking you about her testimony. Was that
correct testimony or wasn't it?
A. Again, that's a question you have to ask her.
All I can tell you is, it's physically impossible
to do that type of thing without Elizabeth knowing.
It's just physically impossible.
Q. Now, let's talk about Shlomo ben Chaim
leaving the country. Well, you certainly knew that
he was going to leave, didn't you?
A. A lot of rabbis were leaving.
Q. Sir, you knew that Rabbi Shlomo ben Chaim,
shortly after the raid, that he was going to leave?
A. No. If you want to know exactly what I knew,
I think it was a Saturday, in the synagogue, I
think -- I don't know what day of the week he left.
I think it was a Saturday, he came over to me and
said "Good-Bye."
Q. Okay. And, sir, you said that it was Wendy
who actually took care of the travel?
A. Not -- in other words, when the tickets
got -- when the bill came in -- when the bill came
in, she would then collate it all together and find
out what's rabbinical and what's managerial. The
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account was in Kupczyk Travel. She would identify
which -- which cost it would be for.
Q. And, sir, Wendy Torson, that's who you're
talking about?
A. Wendy Torson, yes.
Q. Yeah. She's actually -- she functioned as
your secretary at Agriprocessors, isn't that
correct?
A. That's a misnomer.
Q. Well, what was her job?
A. She was -- she did that for everybody. When
Toby needed something, she did it. When Mitch
needed something, she did it. I -- when I needed
something, I asked her to do it. She wasn't my
secretary in that sense.
Q. All right. And you just testified on direct
that the rabbis would call either Heshy or possibly
Chaim to make their travel arrangements. Was that
your testimony?
A. Chaim Abrahams was in purchasing, and I think
he took care of the tickets directly.
Q. Bottom line though, sir, you know that those
tickets were purchased on your credit card, right?
A. My credit card was a number. You know that
if you gave your number into an office, it's public
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property suddenly, and I cannot be held accountable
for what happens on that -- on that card. I think
it's very wrong to think that I should be held
accountable for what's happened with that card when
I didn't actually take the card out of my pocket
and give it to him to charge.
Q. Prior to him leaving, you had an arrangement
where you were going to take over his properties,
isn't that correct?
A. That's not prior to him leaving. If you want
to go through that story, you can go through the
whole story.
Q. Sir, I just want to know whether that's true
or not.
A. This -- there was in the -- there was --
we -- we -- unlike how it was written in the
papers, Nevel Properties was involved with the
properties in Postville in order to keep the rent
down for -- for the workers, for the people in --
mainly working at Agri. And there's another guy
called Gidon, who you know very well, he came into
town, and he tried to monopolize by buying out,
what's his name, Kermit Miller, and many other
properties. In -- in a brief, short period of time
of about a year-and-a-half, two years, he suddenly
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shot up from no housing at all in Postville and he
suddenly owned over 120 units, and it was no secret
that he was looking to monopolize in order to raise
the rents. And in your search warrant that you
gave me, it talked about $600. It was definitely
not Nevel because we never charged that rent. It
was actually Gidon.
Q. All right. Sir --
A. And then this rabbi was looking to -- way
before the raid, way before the raid, he had bought
a few pieces of property he didn't want anymore,
and he told me maybe he'd sell it to Gidon or sell
it to me. And at that point in time -- you can
call Mike Kruckenberg from the Freedom Bank. And
we made an arrangement where he would, instead of
selling it to Gidon, he would sell it to Nevel and
not increase Gidon's leverage on the real estate in
Postville.
Q. All right. Sir, the question I just asked
you, not the last one, but the one before that was,
isn't it true that you had an arrangement with
Shlomo ben Chaim to take over his properties before
he left, and your answer was, "No." Now, did you
just change your answer to say that you did have an
arrangement to take over his properties?
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A. There was an agreement I think way before --
I'm trying to recall -- you're hitting me with a
lot of questions -- exactly which date it was.
There was nothing really official, but I think
there was an agreement way before Passover on that.
I really don't have a recollection of when it was.
Q. All right. Well, maybe this will help --
A. It's not tied to him leaving. Definitely
not.
Q. Sir, after the raid, isn't it true that you
actually took over Shlomo ben Chaim's properties?
A. Not me. Nevel Properties did.
Q. Fair enough. But you own Nevel Properties?
A. No, I don't. My brother Heshy has 50 percent
ownership.
Q. You own 50 percent, is that correct?
A. I own 50 percent of it.
Q. All right.
A. So Heshy Rubashkin was part of that. It was
a deal discussed with Mike Kruckenberg in the
Freedom Bank, and --
Q. And that was discussed by Shlomo ben Chaim
before he left the country, correct?
A. Way before.
Q. It was after the raid?
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A. It was before the raid. I'm trying to
explain to you, this agreement that was done was
way, way before any trouble started. So even if --
Q. Sir, you testified on direct that you believe
there's a very strong possibility that you could
turn out to be innocent; is that correct?
A. I'm a positive person, a positive thinker,
and as long as there's hope that I can be innocent,
I'll hold on to that hope, won't give it up.
Q. All right. And I believe you said you didn't
feel like you did anything wrong; is that correct?
A. I feel that, you know, I made mistakes. I
don't think anything was criminal. If the Court
finds differently, then -- and I have to get
punishment, I'm -- I'm willing to take it. I'm not
running away from anything.
Q. Sir, just to get to it here, you're still
hoping to avoid going to prison, correct?
A. Huh?
Q. You're still hoping to avoid going to prison,
isn't that correct?
A. I am asking what every American is asking
for, which is to have the right to go to a court,
to explain what happened, with all the details of
the law, and accept what the law says as an
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American citizen, and live with it. If it means
punishment by prison, then that -- I'll have to go
to prison. If it's means that I'm acquitted, I
will be free. But there's no running away.
Q. Now, you also testified on direct that you
would follow all the bail conditions "as I did
before." Do you remember saying that?
A. Correct.
Q. And you also said, "As I did before, I'm
going to do everything I'm told to do," isn't that
correct?
A. Correct.
Q. Truth is, sir, you committed bank fraud while
you were on release, isn't that correct?
A. How's that?
Q. Isn't it true, sir, that you committed bank
fraud during your first period of pretrial release,
isn't that correct?
A. You want to go through the whole court case
again now? I don't understand what you're trying
to do.
Q. I'm talking about your testimony here today,
that you did nothing wrong while you were on
release and you did everything you were supposed to
do. You knew you weren't supposed to break the
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law, isn't that correct?
A. Do you want to be specific?
Q. Sure. The first time you were released,
let's say early November of 2008 --
A. Yes.
Q. -- the truth is, you committed bank fraud
while you were on pretrial release, sir, isn't that
correct?
A. Without saying, "sir, isn't that correct,"
can you be specific? Because I have no idea what
you're talking about.
Q. Sir, when you were -- when you were on
pretrial release, you asked April Hamilton for a
thumb drive that had a second set of books on it,
correct?
A. You know, we went through that already when I
was on the same testimony in Sioux Falls, and you
got the facts wrong.
Q. I'm asking you now, sir.
A. That thumb drive -- you can go back to the
record and you can look at what I said.
Q. I'm not interested in going back to the
record. I'm interested in your testimony here
today.
Sir, isn't it true that while you were on
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pretrial release you got a thumb drive from April
Hamilton?
A. My recollection was that the thumb drive
story was before I was arrested.
Q. Sir, that thumb drive had on it records
showing diverted customer payments, isn't that
correct?
A. The thumb drive story was before I was
arrested. And according to April Hamilton's
testimony, she doesn't even understand what the
importance of the thumb drive is, and I didn't
either.
Q. I'm going to lay down some -- I'm going to
ask you to follow this assumption when I ask you a
question. I'm asking for your testimony. I'm not
asking for your description of someone else's
testimony. Is that fair, sir?
A. You're describing something that I heard the
person describe that was something totally
different, then I'm at a loss as to how to respond
to your question.
Q. How about just the truth, sir?
A. Can the truth work both ways, like I say the
truth and you say the truth?
Q. Sir, isn't it true that that thumb drive that
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you got from April Hamilton had on it evidence of
customer payments being diverted?
A. On the thumb drive, I don't know -- there's a
whole argument of what's called "diverted" and what
exactly the legal context of it all, but there was
some information about customer checks.
Q. And it was customer checks that you asked
April Hamilton to not deposit at Decorah Bank &
Trust but to deposit someplace else, isn't that
correct?
A. At the direction of Toby and Mitchell.
Q. Okay. Fine, but the -- and I understand that
you blame this on Toby, but the truth is, you were
the one who asked her to do it, isn't that correct?
A. I asked her to put together the amount that
Toby requested that he needed.
Q. Now, at the same time, you also gathered from
April Hamilton copies of checks that had been
diverted, isn't that correct?
A. I don't -- like I testified, there's a file,
I left it on Toby's desk. And even that microchip
you're talking about, it was put -- it was left in
Toby's office in his hat.
Q. So your testimony here -- is here today that
you got that stuff from April Hamilton and then you
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left it all with Toby. Is that your testimony?
A. I left it on his desk, yeah.
Q. All right. So that's where it would have --
that's the last time you saw it, was when you took
it from April Hamilton and you gave it to Toby?
A. I didn't give it to Toby personally. She
told me to put it in the hat. That's where she put
it every night.
Q. Why did you leave that stuff for Toby
Bensasson?
A. I had no use for it.
Q. Why did you get it from April Hamilton in the
first place if you had no use for it?
A. Because I wanted to give -- see what -- if I
can figure out what -- what numbers we're talking
about. I never really understood all the numbers.
I tried to decipher it, and I couldn't, so I put it
down.
Q. All right. Where's the thumb drive and the
copies of the checks today, sir?
A. I bet you you have it.
Q. Do you know where they are?
A. I bet you you have it.
Q. All right. Sir, do you know where they are?
A. I don't know.
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Q. Now, around the same time you went to Darlis
Hendry's files and you got the bills of lading and
the fake invoices, and you took those as well,
isn't that true?
A. You know -- you know, there's a lot of
people -- a lot of people. A few people that pled
guilty to this thing. Why are you assuming that I
took it?
Q. Sir, you were in the courtroom when Darlis
Hendry testified that she had a conversation with
you where you told her you took them, right? You
heard that testimony?
A. I don't recall that testimony. I read it on
her thing, but I don't recall me saying that. Let
me say something. You guys put me out there for
the first five months as the only target that you
were interested in. And it was very obvious to
anybody that as long as you say "Sholom," they're
off the hook --
Q. Sir, isn't it true --
A. -- and I believe that that's --
Q. Isn't it true --
A. -- basically the result of all this stuff,
because there's no reason for me to take that file,
nothing in that file that means anything, that I
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understand. And -- and -- and if -- you know, I
was listening to the testimony: It was in a locked
drawer, it wasn't in a locked drawer, moved here,
moved there. I mean, until today, I have no idea
of what you're talking.
Q. That's exactly what I want to know. Did you
take the invoices? Did you, sir --
A. I did not take the invoices, no.
Q. So when Darlis Hendry says that you told her
that you took the invoices, she's not telling the
truth?
A. Again, it goes back to, I don't know what she
said and why she said it, and -- and for all I
know, Toby may have gone and got it, Mitch could
have gone and got it. She could have brought it to
Toby at Toby's request. There's multiple things
that are going on, and to lay everything on me is
quite ridiculous.
Q. Sir, if I've got it wrong, tell me if I've
got it wrong.
A. You got it wrong.
Q. You didn't take the invoices that Darlis
Hendry made at your request? You didn't take
those, right?
A. No.
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Q. Okay. So, sir, do you know where they are
now?
A. You have it.
Q. Talking about the hard copy invoices --
A. Yeah, I bet you -- I bet you when the FBI
came in and ransacked the place, I bet it's part of
your boxes sitting there. You guys pulled out an
18-foot truck full of papers and documents and who
knows what. Twice maybe. Once by the ICE raid you
took out an 18-footer out of there, whole file
cabinets, and then you took it out again in
November.
Q. Sir, when you testified at trial, you didn't
give truthful testimony, did you?
A. Do you want me to respond to something like
that?
Q. Yes, I do.
A. I'm not going to respond to that.
Q. Sir, your credibility on the stand here is at
issue. I'm asking whether you lied under oath at
trial.
A. I think you're lying under -- under
cross-examination.
Q. Sir, do you have an answer?
A. Unless the Court makes me answer, I'm not
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going to answer that.
MR. DEEGAN: Your Honor, could the
witness be directed to answer whether he lied under
oath at trial?
THE COURT: I'm not going to require him
to state that.
Q. Sir, when you testified, you said that you
didn't ask anybody to make bills of lading, isn't
that correct?
A. Correct.
Q. And the truth is, that you did have those
made so that it looked like those invoices
represented real shipments, correct?
A. There was -- there was real shipments in the
bill and hold category, and this is such a broad --
everybody shooting around here, guns over here,
there's such a broad area, that there could have
been bills of lading made, not at my request as
should have been made if product's being released
out of a freezer, if a guy orders.
Q. Sir, I understand --
A. Nothing wrong with a bill of lading being
made.
Q. If I understand your testimony, you're saying
that if bills of lading were made, there's probably
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a good explanation for it? Is that what you're
telling us?
A. I would imagine so, yes.
Q. All right. But the question is, did you ask
anyone to make bills of lading for those invoices?
A. There's no reason for it, no.
Q. Okay. So you didn't do that?
A. No.
Q. Okay. Did you ask anybody to forge truck
drivers' signatures --
A. No.
Q. -- on the bills of lading? All right. Now,
you also testified at trial, sir, that -- well,
again, you were the one who asked April Hamilton to
pull the checks from the Decorah deposit, correct?
A. I explained to you before, that this was
done -- I guess I was the messenger boy, the one
that thought it was okay. And Toby asked me to get
that amount of money. I went to April and got it
from her, yeah.
Q. And it's your testimony that you didn't know
that that was wrong?
A. We paid it all back.
Q. But at the time you did it, you didn't know
it was wrong to do that?
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A. No.
Q. You didn't know the bank would care?
A. No.
Q. Is that a, yes, you --
A. That's -- the bank would not care, and they
did not care for years.
Q. All right. But you asked April Hamilton to
put round-up checks with those deposits so they
were all an even amount, isn't that correct?
A. You know, you have a check there from Mitch
Meltzer himself.
Q. Sir, I'm asking you --
A. No, I tell you that as a fact, and he gave
that check to round up the number, and you're
blaming the rounding on me again. I'm trying to
explain to you that the rounding was something that
Toby, himself, said on the stand, if I remember
correctly, he likes round numbers, and -- and why
again blame me? I told April to round up numbers.
Mitch told April to round up numbers.
Q. Sir, did you ask April Hamilton to add any
round-up checks to those deposits? Did "you."
A. As -- as, yes, yes, as -- as I was told by
Mitch to do when I had an extra check from --
whether it be from New York or from Florida or from
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a loan or something, I would -- I would follow the
procedure that was laid out for me to do.
Q. And what was that procedure?
A. To tie out to a round number so that it's
easy for them to book it.
Q. And you're talking about the checks that
were -- the customer checks that were diverted into
the wrong account, you were told to tie out to a
round number with an extra check, correct?
A. I don't want to call it diverted because it's
a legal language, but it's a customer check that
were deposited in the company account to cover
company expenses. It was not done for any personal
reasons, to cover -- to make sure the business
would have money to pay its debt. I was -- I
was -- I did give a number of checks to do that,
correct. And when I didn't have one, I asked
Mitchell and he gave me one.
Q. And, sir, that was done with regard to nearly
every one of those deposits for two years going
back to the fall of '07, correct?
A. It could be. Not necessarily. There's
plenty -- you know, there's plenty of wires.
There's plenty of wires and ACHs that came into
that account that were odd.
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Q. I'm talking about -- I'm talking --
A. Let me answer that. That's -- it's not
giving the whole picture when you say all the
deposits. There was ACHs that came in from
VanHoven that were odd. Sarah Lee used to send in
ACHs that were odd. Twin City Hides used
to round -- Twin City Hides, I think, was a flat
number. So it's interesting we're having the
discussion here and not in front of the jury.
That's interesting.
Q. Sir, here's what I want to get to though. It
was you that asked that those round-up checks be
added to those deposits, isn't that correct?
A. And when I was not at Agriprocessors, which
was many times, many times, Toby took care of it,
not me.
Q. All right. But, sir, it was you that asked
April Hamilton to do that?
A. At time -- let me put it this way. The times
that I did it, I did it. The times that Toby did
it, he did it. The times that Mitchell did it,
Mitchell did it.
Q. And, sir, when C.J. Williams asked you in
front of the jury at trial whether you had anything
to do with those round-up checks, you said "No,"
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isn't that correct?
A. You're taking it out of context. I remember
answering, yes, I did it at the direction from
Toby, and I -- and I recall talking about Mitchell.
I mean, if you want to -- I recall giving the exact
same testimony.
Q. Sir, the reason that you said "no" in front
of the jury is because you knew the round-up checks
meant there was intent to defraud, correct?
A. No.
Q. And you were trying to get --
A. That's not what happened. There you go. I
mean, you -- you're just shooting statements to get
it on the record as if it's a statement, but it's
not. It's not factual. If you were under oath,
you couldn't say what you're saying now.
Q. Sir, when you get -- let's go back to Shlomo
ben Chaim. You were the one who got those Hunt
I-9s from Laura Althouse around the time of the
raid, correct?
A. It was before. It was before. And ben Chaim
asked me to get it. I'm in an office. Is it that
terrible, for me to go and ask Laura? I asked her,
"Do you have copies for me?" She says, "Yes." "Is
there a problem?" She says, "No." I mean, there's
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a file to see what happened there. That -- that --
that process was stopped somewhere in March,
because, if I can say it now, because I spoke to
Jay Eaton about it, and he recommended -- as we're
going through our whole process, I went to Jay
Eaton about that issue, and he said that's not a
good idea, and I spoke to the rabbi that -- I don't
know if the jury really understood the fact that
the Hunt thing was stopped way before the raid,
about two months before the raid, before anything,
just on my -- on my own volition, I decided -- we
decided it's not -- it's not going to work. And at
a certain point, I think I have the ability to go
to Laura and ask her, "Let me see the file." I
asked her if she has a copy for me. She says, yes,
there's a copy by Mrs. Hunt, and I think I gave it
to Shlomo, or whatever, and -- and it -- and it
could still be in my office, you know, in Agri.
There's nothing wrong with that file.
Q. All right. Well, I guess that's what I want
to know. Your testimony is that you think you got
it from Laura. You know you got it from Laura?
A. I got it from Laura, yeah. I got it from
Laura.
Q. Not anybody else. You got that file of I-9s?
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A. Yeah. Yes, I did.
Q. And what did you do with it?
A. She assured me -- I think it's in my office
in Agri. Again, I bet you you guys walked in with
all those boxes and took things out. I bet you
it's in there. Again, I could have called Laura to
get copies of some of this stuff, so now you're
making a thing about copies in Pennsylvania?
Q. And you got those things from Laura Althouse
because you didn't want them to be used as evidence
against you, isn't that correct?
A. If there's an original sitting in
Pennsylvania, how can you even say something like
that?
Q. Is that correct or isn't that correct?
A. No. In the course of a day, I'm allowed to
talk to Laura, I'm allowed to look at files, and --
and things are moving around.
Q. Now, you knew that Doheny and Western paid
off of Agri statements, isn't that correct?
A. I think the evidence that your FBI people got
from Doheny, and -- and -- and, you know, it
started out with an even number, that the City
Glatt owes no money. Using their Lotus
spreadsheets, I'm -- I'm actually more confused
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today than I was before about all these numbers.
Q. But -- and here's my question though, sir.
You knew that those companies paid off of
statements that were generated by Agriprocessors.
You knew that, isn't that correct?
A. I -- I don't know. I mean, I recall making
invoices. I was told that he doesn't want to --
there's an issue there called credits. Credits
were unforthcoming from Heshy and whoever was
giving credits at that point in time. The girls
wanted to get money out from them, so they just
identified the actual invoices that they wanted
collection on, on those statements. It's not to
the -- to the -- not to the zero of anything else
that's on there.
Q. Sir, those invoices reflected what those
companies actually owed Agriprocessors, correct?
A. I'm -- I don't know. Say what you want to
say, but --
Q. I'm asking you, sir. Isn't that correct,
that those -- excuse me, that those statements
reflected what Agriprocessors actually -- or what
those companies actually owed Agriprocessors?
A. I don't have any paper in front of me, so I
really can't talk about it. You're talking too
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global here. It's too charged. All I can say to
you is, listening to the whole -- to the chaos that
was going on, I think Monty brought it out very
well, you're willing to take the company's records
out of their system on spreadsheets and use that as
a target against what we were doing, and that's
something that's totally beyond -- beyond reason,
any credibility, any number that was going on in
that court case. I mean, you -- you have the FBI
guy, himself, on VanHoven -- it comes out that
VanHoven owes Agriprocessors $271,000, I think,
then VanHoven claimed on the stand under oath that
Agriprocessors still owes them a few thousand
dollars. I mean, you have a discrepancy in your
records like that.
Q. Sir, you had those statements -- you had
those statements created because that's what those
companies actually owed Agriprocessors?
A. That's not a correct statement. I didn't
have those statements created.
Q. Who had them created?
A. I don't know, but if you can show me
something, I can talk about it. I really don't
think it's right to discuss this in a global sense
without looking at paper.
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Q. All right. So, sir, you're saying that you
didn't have those statements created. Did you or
didn't you?
A. I don't recall. I don't recall who said make
it this way, make it that way. I don't -- I don't
remember exactly. Was it -- was it Wendy that
decided she needed money from them and she gave me
these two, three invoices, so she -- she figured
out how to do it on a -- on a -- on a spreadsheet
or something. I don't recall how that started. I
don't recall.
Q. Sir, you heard the testimony from Wendy
though that you were the one who asked her to
create these statements?
A. I heard that. So? I don't recall. I have
no comment to that.
Q. All right.
A. All I can -- all I can comment is -- is that
part of that reason of creating those statements
was that City Glatt does not want to pay or Doheny
unless they got their credits. They used to take
500, $1,000 every single week for some excuse.
Heshy would fight with them. And then when we'd
call for money, they'd give a hard time for money,
so they would hold back payment. It was part of
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that also.
Q. You did know that those statements were
different than what APGEN data said those companies
owed Agriprocessors?
A. If the -- the statement was made only for the
collecting, that's different, correct.
Q. All right. And you had Wendy shred them,
correct?
A. That's -- that's -- okay. I didn't have
Wendy shred nothing. I explained to you when I was
on the thing. You -- again, this happened
Tuesday -- you were in the office Tuesday, okay.
Anything of any value that you guys went through,
you took. I was sitting at John Tona's --
Q. And you shredded the rest?
A. I did not shred anything. There's a shredder
in every single office. Shredding is part of
anything -- that every office does every single
day. You see it in advertisements at airports:
Shred this, shred that. And, you know, there's a
computer backup to that anyways. I just -- there's
no purpose, and I did not ever tell anybody to
shred something to hide anything from anybody.
Q. But, sir, you had those statements shredded,
isn't that correct?
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A. I did not -- I -- I remember her coming to my
office and saying should we shred some stuff, in
which I said, "Go ahead. I mean, what's here
anyways?" The thing was over. I mean, the search
was over.
Q. So did you have them shredded?
A. I don't know what she shredded, and I don't
even see what's so important if she did shred
something. By the way, when a copy's sitting in
California, what would I gain by shredding it, if
there's a copy sitting in California, you're
getting it in tomorrow, right? Because those
statements were faxed, right? So just because you
can say shredded, you're putting this other whole
thing -- I don't recall that.
MR. DEEGAN: No further questions, Your
Honor.
THE COURT: Anything else for this
witness?
MR. COOK: Just a couple things, Your
Honor.
REDIRECT EXAMINATION
BY MR. COOK:
Q. Has any of the questions that Mr. Deegan
asked you changed your intentions to comply with
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the bail provisions and obligations to appear at
all court proceedings in this matter should you be
given bail?
A. I'd like to say to the Court that I would --
I would -- I believe it was stated, nothing that
wasn't said before, I understand the charges that
are leveled against me. I understand the weight of
those charges, but I want to say very clearly that,
God willing, the Court does grant me bail, I will
abide with everything the Court tells me to do. I
will show up for every single conference. I'll --
I'll do what the Court tells me to do, and I hope I
can still have a chance to win. If I don't, then I
will -- I will accept what the Court tells me to
do. I will not flee. I will not do anything of
that sort.
MR. COOK: Thank you. No further
questions.
MR. DEEGAN: No, thank you, Your Honor.
THE COURT: Thank you. You may step
down.
THE WITNESS: Thank you.
THE COURT: I think this is a good time
for us to take our morning break. So we'll be at
recess until twenty minutes of eleven, and we'll
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see you then.
(Whereupon, a brief recess was taken.)
THE COURT: All right. We're ready to
proceed then. Mr. Cook, Mr. Brown, further
evidence?
MR. COOK: Yes, Your Honor. We would
call Rabbi Gurkov, please.
THE COURT: Hello, sir.
SHOLOM GURKOV,
called as a witness, being first duly sworn or
affirmed, was examined and testified as follows:
THE COURT: All right. Please be seated.
MR. COOK: Your Honor, before we begin
the witness' testimony, I would alert the Court
that his English is somewhat limited. He does
speak Yiddish quite fluently, but -- so we'll try
to get through this as best we can.
DIRECT EXAMINATION
BY MR. COOK:
Q. Please state your name, sir.
A. Rabbi Gurkov, Sholom Gurkov.
Q. Speak into the microphone.
A. Rabbi Gurkov, Sholom Gurkov.
Q. And your age, sir?
A. I was born in '38 --
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Q. And --
A. -- so I'm seventy.
Q. Where do you live, sir?
A. Now, I'm here. I'm originally from Canada,
but now I'm here, in the school.
Q. Postville, Iowa?
A. Yeah, in Postville, Iowa, yeah.
Q. And you say "the school." What is the school
you speak of?
A. The school from Postville. It's -- it's the
rabbinical things, studies.
Q. What is your role or duties at the school?
A. I take care of it. Dean is something -- I
shier. I don't know how they call it in English.
Do lectures.
Q. You're in charge of the school?
A. Not in charge of the school. I do lectures.
In the -- in the lecturing, in the learning, and
the behavior.
Q. In the lecturing and the --
A. And the behavior.
Q. Just tell us what you do at the school.
A. I'm saying, I lecture. I shier. That's what
it's called. I shier. I'm saying I shier. I
lecture, and then they study it, and then they
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prepare it, and then they -- the students -- I
lecture, and then they study it, and then they
learn it. And that's how the school goes. This is
Hebrew studies, in Hebrew.
Q. How many boys are at the school?
A. About, the whole school -- it's a big class.
It's around 50 students, if you -- two classes,
three classes together.
Q. Do you know Sholom Mordechai Rubashkin?
A. Yeah, I know him very much, because he's very
involved now, especially in the last few years.
He's a real mentor of the students and the young.
He got attached to them, and they got attached to
him, very strongly. They feel like one -- one
family. He made them feel like a family. Not like
students. Like one family together.
Q. And what has been Sholom's involvement with
the school?
A. He teaches children, students. Some are
regular students. Some need to have more --
more -- more to help them and to -- and to involve
them in learning more, so he helps them out. And
not only one student, other students. They feel a
big attachment to them, and he feels an attachment
to them too, both together.
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Q. Based upon your knowledge of Sholom and his
work at the school, do you have any testimony to
give the Court as to whether you believe he would
run away if the Court gave him bail?
A. I say that -- that the students and the
school are part of his life. It's a part of his
life. A person doesn't run away from the life. He
runs to the life, not away from the life. It's not
possible for him to run away, because it's their
life and his life together. And he would not run
away. He couldn't and he wouldn't. To run away
from the life, a person does not run away from
life. That is right.
MR. COOK: Thank you. Your Honor, no
further questions.
THE COURT: Cross.
CROSS-EXAMINATION
BY MR. WILLIAMS:
Q. What's the name of the school, sir?
A. It's -- it's rabbinical -- it's -- Menachem
school. Menachem -- it's a rabbinical -- a
rabbinical college. It's -- it's -- preparing to
be rabbis, and not only rabbis, but be, like you
say, law-abiding citizens, good citizens of the
country, and good people, and to obey the laws, the
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Jewish law and the government law. They learn that
in school.
Q. Is it connected to Torah Education?
A. Yeah, that's Torah Education, yeah.
Q. How long have you been with Torah Education?
A. I'm in now the second year. It was last
year, and now I'm in a second year there.
Q. Do you have anything at all to do with any of
the funds flowing through Torah Education's bank
accounts?
A. No, there's nothing there. Nothing. Just
the educational part.
MR. WILLIAMS: No questions, Your Honor.
THE COURT: Anything further?
MR. COOK: No, Your Honor. Thank you.
THE COURT: Thank you, sir. You may step
down.
MR. BROWN: Rabbi Hecht.
THE COURT: Hello, sir.
SHOLEM HECHT,
called as a witness, being first duly sworn or
affirmed, was examined and testified as follows:
THE COURT: Please come to the witness
stand.
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DIRECT EXAMINATION
BY MR. BROWN:
Q. Would you state your full name, please.
A. Sholem Ber Hecht, H-E-C-H-T.
Q. And what is your profession, sir?
A. Rabbi and teacher.
Q. And could you give the Court briefly your
educational background?
A. Studied in the Yeshiva school system in
Brooklyn. Concluded the Yeshiva high school. Then
went onto the -- the university level in the
Yeshiva. Graduated. My ordination was in 1968. I
continued three years in postgraduate studies in
Israel.
Q. Could you give the Court a synopsis of your
employment history?
A. Well, most recently, I serve as a community
rabbi in Queens, Forest Hills, New York, for the
Sephardic community. That's Jews whose background
is from the Middle East -- Middle East, Spain,
Middle East, Turkey, Iraq, Iran, Uzbekistan, and so
on. I serve as the senior rabbi for that
community. I'm also the Rabbi of the Sephardic
Jewish congregation since 1974. I'm also -- I also
work with the National Education Organization, the
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National Committee for the Furtherance of Jewish
Education. I'm serving since 1990 as the chairman
of the Executive Committee. I -- and, of
course --
Q. Could you give the acronym for the National
Committee?
A. NCFJE. I also teach. I also teach -- well,
I teach in my community, but I also teach at the
girls' high school in Brooklyn. That's the school
run by the Lubavitch community. I teach a special
course in faith and science to the graduating
class. About 120 students in that class.
Q. Is it fair to say that you have your finger
on the pulse of the Jewish community, at least as
it exists in the Brooklyn and New York area?
A. Brooklyn, Queens, New York, yes, metropolitan
area, yes.
Q. Prior to the May 12, 2008, raid, were you
familiar with the name Rubashkin and the Rubashkin
family?
A. Yes, I know the Rubashkin family for many
years in New York, and they're a quite prominent
family. They're -- their work on behalf of kosher
food in America is something that's really
well-known. In my position in the city, in
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New York City, I also have connections with people
all over the world, and I am familiar with the fact
that they -- that they were able to establish a --
shipments of kosher food to various areas of the
world, which never happened before. I'm speaking
about Asia, Southeast Asia, South America, South
Africa, and so on. And that was something which
was a great accomplishment for the Jewish -- for
the worldwide Jewish community. I'm also familiar
with their well-known acts of charity in New York.
Q. Let me ask --
A. I also know the family personally. I know
the brothers and sisters, and so on.
Q. Prior to the raid, was Aaron Rubashkin a
public figure as you understand that term in
New York?
A. You mentioned -- you said Aaron Rubashkin.
Yes, Aaron Rubashkin is the patriarch of the
family, was a person who is well-known in New York,
yes.
Q. And prior to the raid on May 12, 2008, was
Sholom Mordechai Rubashkin a public figure in the
Jewish community prior to the raid?
A. Not so much as after the raid, but, yes, he
was known because of the Rubashkin meat business,
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because of its broad scope, was something that
touched people all over the world, and he was known
to be one of the people involved in the business.
Q. Was he ever known prior to the raid to be
involved on behalf of Agriprocessors in resisting
challenges by People for the Ethical Treatment of
Animals?
A. Well, that was a sorry story, as far as we --
as far as the Jewish community saw it and the
Kosher Community saw it.
Q. Let's keep it simple.
A. Yes, yes.
Q. Okay. Did he obtain some notoriety as the
defender of Agri from PETA's complaints?
A. Yes.
Q. Okay. Did there come a time when you became
involved to help -- to help collect funds for the
defense of Sholom Rubashkin and his father
following the raid and the various charges that
were made both in state court and federal court?
A. Yes, about a year -- about a year ago -- just
a little over a year ago, a committee was formed in
New York, mostly made up of members of the
community, of the Lubavitch community. That's the
Chabad community of New York. And they formed a
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committee which we call the Committee of Concerned
Anash for Pidyon Shvuyim.
P-I-D-Y-O-N S-H-U-V-Y-I-M [sic]. Got it?
(Response from court reporter.)
A. All right, "Anash" is -- Committee of
Concerned Anash, A-N-A-S-H, for Pidyon,
P-I-D-Y-O-N, Shvuyim, S-H-V-U-Y-I-M. That
committee was a group of people who got together to
try to set up a framework to help in the legal --
in the legal areas. First, most importantly, by
raising money for the family. It came to a point
where we realized that the family had basically
used up all of their resources, and so it became
necessary that the Jewish community would have to
raise money to help. And also, to work together
with the legal teams, try to get some outside legal
people involved. And we were sort of a conduit to
be able to connect different legal people,
different legal ideas, in the country; and to work
together with the legal team. So, yes, for about a
year we've been involved.
Q. So in addition to assisting in the fund
raising and helping to pay lawyer bills, did you
provide some consultation on the legal strategy and
some legal matters?
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A. Absolutely. We were in touch with various
legal groups or legal entities. Without mentioning
names, some very prominent -- some very prominent
lawyers around the country. It was something that
we worked with very closely before the actual --
while the -- while the legal team was being put
together, we worked with them and served as sort of
a conduit so that they could work together with you
here in Iowa.
Q. Did you work with Sholom Rubashkin personally
on -- on --
A. We were in touch with him. We were in touch
with him all the time, on an ongoing basis.
Q. Do you know whether or not Sholom Mordechai
Rubashkin has been fully cognizant of potential or
likely penalties in the event that he was found
guilty in the first trial?
A. That's something that we've learned. We in
New York, living in a religious Jewish community,
have learned something from Sholom Rubashkin. And
it's something that we very often talk about back
in our religious bastions back in the city. He's a
person who has unmatched faith in God. I've heard
him say so many times that he believes in God's
providence 100 percent. And if it has to be that
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he has to undergo a certain amount of testing or
challenging in his life, he accepts that as God's
providence, and that whatever the eventual ruling
will be, whatever the eventual results will be from
this -- from this legal proceedings and the
American courts, he accepts it. And he realizes
that this is all part of God's divine plan, so much
so that it actually -- I have seen in him that this
is something which is not just lip service. This
is a person who really believes it, and really the
depth of his spiritual belief and his faith is
expressed through his experiences that he's going
through now.
Q. So are you telling --
A. He's not a fatalist.
Q. Are you telling the Court that if he gets ten
or fifteen or twenty or twenty-five years that he
accepts that as God's will?
A. Yes, and he will probably -- he will probably
feel that there's some mission for him to do.
Wherever he is going to end up serving that time,
there's probably some divine mission for him to
fulfill wherever he will be.
Q. Can you give us an approximation of how many
individual contributors have provided their monies
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to the committee for -- to help defend this man?
A. Well, let me just say that we have raised
enough money up to last week to cover all the legal
expenses, Number 1.
Number 2, I have to say that I -- our
organization that I work with as -- in the
education department, I'm also involved a little
bit with the fundraising. And I actually have
never seen such a strong response to a single
focused appeal as we have seen in the case of
Sholom Mordechai Rubashkin. Hundreds, maybe
thousands -- I don't have the exact number, but --
this committee that was established also then came
to our organization because we have a history of
working with the legal defense as one of our -- one
of our projects under our National Committee for
the Furtherance of Jewish Education, so we had a
structure set up to be able to put the funds
through properly and to spend the funds properly.
But the number of individual donations, anywhere
from $5, people who sent in $5, $18, $25 -- I see
it because I'm the one that signs the receipt
letter at the end when we send out the receipt
letter to everyone for sending in the donation.
$5, $18, $25, people from Baltimore, people from
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New Haven, people from Europe. Checks from Europe
are coming in. They're $100, $1,000, $10,000. And
there were those who gave large, large, large
donations also.
Q. And are they now sending letters?
A. Oh, aside from that bound book that you have
there, there are probably hundreds more already
that we looked through over the last ten hours.
I'm getting more in my office in Brooklyn. You're
getting them here. The family is getting them.
You have letters there in that booklet from four
people who represent 4 million Jews in America.
The head of the Orthodox Union -- Orthodox Union of
-- the Union of Orthodox Jewish Congregations of
America, which represents about a million Jews in
America. You have a letter from the head of the
Young Israel Movement, which represents probably
another 750,000 Jews in American. You have a
letter from the Rabbinical Alliance in America,
which represents 600 Orthodox rabbis and I don't
know how many thousands of people. And you have
several other -- Agudath Israel, which is one of
the largest religious-oriented national
organizations -- their convention is coming up next
week over the Thanksgiving weekend. You have a
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letter from the director of Agudath Israel. You
have letters in -- five letters in that box, in
that pile that you have, represents three-quarters
of the Jews in America.
Q. Is there anyplace that Sholom Rubashkin could
go to that you're aware of where he would not be
recognized?
A. No, not after this trial. Definitely no.
Q. Is there anyplace that he could go where he
could hide --
A. No.
Q. -- in the Jewish community?
A. Not in America, not overseas either. I mean,
the interest in this trial is absolutely worldwide.
I have a brother that lives in South Africa. I
spoke to my nephew this week. He said they're on
top of it down there. I have -- my brother-in-law
lives in Melbourne, Australia. I'm in touch with
him. In fact, they sent money from Melbourne,
Australia. They sent donations from Melbourne,
Australia, to help us out with the case. They're
familiar with the case down there. They're on top
of it. China -- China, Vietnam, these are places
where their food -- their kosher food was sent to
those places. In Beijing or in -- perhaps more
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in some of the other big cities there where Jews go
for business, they can go there and get kosher food
because the Rubashkin company was sending them
kosher food there. So he's known all over the
world.
Q. Are you aware of whether or not his spiritual
leader, the Rebbe, actually traveled to
Cedar Rapids in the fall of 2009, to visit with him
personally?
A. No. You're talking about the Munkatcher
Rebbe. The Munkatcher Rebbe, yes. The Munkatcher
Rebbe is a very prominent spiritual leader in a
very big community in Borough Park or Brooklyn.
He's a person who took a very strong personal
interest in this case. And he felt so strongly
about it that he came out here once or twice. You
had -- you had -- in the last bail hearing you had
five -- those people who wrote those letters, you
had the leaders of three-quarters of the Jewish
community of America. You had them here in either
Cedar Rapids or Dubuque, or wherever it was, for
the last hearing. They came here to show their
support for bail.
Q. And did some of those people of such
prominent stature actually attend his trial in
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Sioux Falls?
A. Well, yes, I -- not those people, but I was
here for several days during the trial, and I have
to tell you --
Q. I don't want --
A. Okay, yes, some did. I can't give the exact
names. There was some very prominent people who
came here to the trial.
Q. Knowing all that you know about Sholom
Rubashkin, his family, his status as a public
figure, are you willing to express an opinion, to a
reasonable degree of personal certainty, as to
whether or not if he was released under suitable
conditions he would -- he would flee the
jurisdiction or attend all court proceedings and
sentencing if -- when ordered to do so?
A. I could say very, very -- unequivocally and
very strongly that from all the experiences that
we've had through the last year, all the people
that are supporting him -- I mean, he would have to
answer to thousands and thousands of people all
over the world. He would have to answer to the
most important leaders of American Jewry. Forget
about that, he would have to answer to his family.
He would have to answer to his community.
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Postville, Iowa, is supporting him. These are
people that he's lived with for the last twenty
years. There's no way -- there's no way -- there's
no way that he wouldn't honor whatever -- whatever
rules were placed upon him.
Q. Could you characterize the magnitude of the
disgrace it would be to the people who sent $5 and
$18 and $10,000 and sent these letters if he would
flee the jurisdiction now?
A. It's unimaginable. It's something that I
can't even -- I can't even imagine. I can't think
that way. I just don't have -- I don't have the
words or even the thoughts to move in that
direction. I get a mental block if I think of it.
It seems absolutely -- there's only one way
possible for him to do, and that's to follow
whatever the Court sets down.
MR. BROWN: Your Honor, I have no further
questions. Thank you very much.
THE COURT: Cross-examination.
MR. DEEGAN: Thank you, Your Honor.
CROSS-EXAMINATION
BY MR. DEEGAN:
Q. And good morning, sir.
A. Good morning.
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Q. You've actually been present in the courtroom
during today's hearing, correct?
A. No, I was outside.
Q. Okay.
A. Earlier, yes. Just when Rabbi Gurkov spoke,
I was here, yes.
Q. You did attend several days of the trial out
in Sioux Falls, correct?
A. Yes, sir.
Q. And you've been very involved in the effort
to support the defendant by raising money for his
defense?
A. Yes, sir.
Q. And also providing support and help to his
family; is that correct?
A. Yes, actually, yes.
Q. The truth is, the defendant does have quite a
bit of support in the local and national community,
isn't that correct?
A. Yes.
Q. In fact, when he travels, you know, he's
actually got people that can drive him places,
correct?
A. I don't know about -- I don't know -- I don't
know about particulars -- I don't know the
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particulars. It's hard to say. But when he was on
trial, there were people who came here, and when we
were at the hotel, he was leading services in the
morning. He gathered together the students to
study together, to have a study session. They look
up to him in that way, yes.
Q. Well --
A. I mean, somebody picked me up at the airport
to drive me too. I'm not too important as he is,
but, you know, it could happen.
Q. Prior to the last trial, did he actually come
out and visit you and your committee in New York?
A. No, he never made it to our office. He went
to -- on a religious pilgrimage to the grave site
of the Rebbe Menachem Schneerson, a blessed memory.
And I actually didn't meet him when he was in
New York. He was in New York two times, I believe,
in the last year, and both times he never made it
to our office and -- to the best of my
recollection, and he was -- mainly went for
religious -- for a religious pilgrimage.
Q. All right. Bottom line is this, sir, you and
your community are going to support this man no
matter what, isn't that correct?
A. "No matter what" is a very broad term, but
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we're going to support him, to the best of our
ability -- to the best of our ability. We had a
meeting the other night, and more people showed up
after the -- after the sentencing [sic] than even
before to the meeting, so it seems like we have a
strong support, yes.
Q. And that's whether or not he would violate
his conditions of release or not?
A. No.
Q. You're still going to support him, correct?
A. No. I mean, that's just ridiculous. The
people are supporting him because they wanted him
to go through the legal system correctly. We're
paying the lawyers. We're not paying people to
drive him to Timbuktu. We're helping the lawyers
to run the case, to do it properly, in the first
part of the case, and now we have this part of the
case, and then we have the appeal part of the case.
That's what we're giving money for.
Q. Sir, you're aware, aren't you, that he was
found to have violated the law, to have committed a
felony, last time he was released, isn't that
correct?
A. You're going -- I don't know all the details
of what happened. At least as far as I know, from
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the time he was released until now, he's followed
everything that he was supposed to do. That's what
I know. He's here, and he was here for the trial,
and he was here for the whole time that he was on
bail. He didn't go anywhere where he was not
supposed to go. I see no reason why I should
assume that he's going to break any rules now, if
you let him -- when he's let out on bail now.
Q. Sir, just to be clear though, you were aware,
weren't you, that he had problems while on pretrial
release the first time he was released?
A. No, I'm sorry, I'm not aware of that. I
don't know what -- I don't know what you're
referring to specifically. If you'd be more
specific, I might be able to help you. I don't
know.
Q. Well, there was a finding by the Court that
he actually committed bank fraud while on pretrial
release the first time around. Were you aware of
that?
A. I'm not here to deal with any of the legal
aspects. I don't know. I know that he was -- as
far as where he was, what he was doing, where he
was supposed to be, he kept to the rules. That's
what we're supporting him on. I don't know what he
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does on the paperwork or something like that. I do
know that we expect him to -- we expect him to
listen to what the judge says. We expect him to be
available. We expect him to follow all the
rules -- all the rules. And that's -- that's what
I -- that's the way I understand it.
MR. DEEGAN: All right. No further
questions, Your Honor.
THE COURT: Anything else?
MR. BROWN: No thank you, Your Honor.
THE COURT: Thank you. You may step
down.
THE WITNESS: Thank you, Your Honor.
MR. COOK: Your Honor, we would offer at
this time a number of exhibits that we've premarked
and provided courtesy copies to the Court and the
government:
Exhibit A, which is approximately 608
letters of support for Rubashkin's release pending
the second trial and his sentencing.
Exhibit B, which is approximately 534
e-mails from individuals in support of defendant
Rubashkin's release pending his second trial and
sentencing.
Exhibit C, which is the resume of Rabbi
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Sholom Hecht, who just now testified.
Exhibit D, which is a listing of some
approximately 43 letters from individuals offering
the equities in their homes in support of Sholom
Rubashkin's release upon bail, including
Defendant's Exhibit D-1, which I just now marked,
which is a spreadsheet listing the amounts of the
assessed value, the equities, for these
approximately 43 homes, which total $7,921,241.
$7,921,241.
Exhibit E, which the Court has seen
previously, which is a PowerPoint slide of the
descriptive terms of his character by government
witnesses at the trial in Sioux Falls.
Exhibit F, which is approximately six
letters from different rabbis, from their
synagogues or places of worship, offering to put up
their Holy Torah as bail in support of
Mr. Rubashkin's release pending his second trial
and sentencing.
And then I've been recently provided here
during this hearing, Your Honor, some additional
approximately 200 letters, also of the kind that
would be of Exhibit A, which we would identify as
Exhibit A-3, which I think brings the total number
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of letters and e-mails in support of his release to
1,342, approximately.
We previously, Your Honor, have also
marked as Exhibit A-1 the letter of Rabbi David
Zwiebel, who the Court will recall previously
testified at the first bail hearing upon appeal of
Magistrate Judge Scoles's order. He did testify by
phone, and this is a letter in his support urging
that he be allowed to remain out on bail pending
sentencing and asserting that he is not a flight
risk.
And also, Your Honor, I believe we've
already offered Exhibit A-1.
We would also ask for the purposes of
this record today that the record previously made
at the hearing that the Court held in January on
the appeal of Magistrate Judge Scoles's order,
wherein the Court did grant bail with certain
conditions, that that evidence also be part of this
record, as well as the ruling that the Court
entered. We ask that be -- that the Court take
judicial notice of that ruling and the findings
made regarding the defendant's character, family
ties, residence in the community, criminal history,
and other factors the Court found noteworthy in
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finding bail appropriate in January of this year,
Your Honor.
With those exhibits and the testimony
that we offered here today, we would rest, Your
Honor.
THE COURT: All right. Any objection to
any of those exhibits, Mr. Deegan, for purposes of
this hearing?
MR. DEEGAN: No objection for whatever
weight the Court would give them.
THE COURT: All right. They are all
admitted then.
(Whereupon, Exhibits A, A-1, A-3, B, C,
D, D-1, E, and F were received.)
THE COURT: Mr. Deegan, does the
government wish to put on any evidence?
MR. DEEGAN: Briefly, Your Honor.
THE COURT: All right.
MR. DEEGAN: Government calls Special
Agent Mike Fischels.
THE COURT: Agent Fischels, will you
please raise your right hand.
MICHAEL FISCHELS,
called as a witness, being first duly sworn, was
examined and testified as follows:
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THE COURT: Please take the witness
stand.
DIRECT EXAMINATION
BY MR. COLE:
Q. Please state your name and spell your last
for the record.
A. Michael Fischels, F-I-S-C-H-E-L-S.
Q. Sir, how are you employed?
A. I'm a special agent with Immigration and
Customs Enforcement.
Q. How long have you been with ICE?
A. I've been with ICE since its inception in
2003. Prior to that, I was with the Immigration
and Naturalization Service since 1996.
Q. You're a graduate of the INS Academy?
A. Correct.
Q. And when did you become employed with ICE in
Iowa?
A. In 2005.
Q. Now, sir, you are one of the case agents in
this case, United States versus Sholom Rubashkin;
is that correct?
A. That's correct.
Q. I want to talk to you about a couple of
specific topics. To begin with, are you familiar
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with a Hosam Amara?
A. Yes, I am.
Q. Did you know where he was last employed?
A. Yes.
Q. Where?
A. He was employed in the poultry department of
Agriprocessors, Incorporated.
Q. Did he have any type of title or position
there?
A. I believe he was a supervisor for the poultry
department.
Q. Is he also a codefendant in this case?
A. Yes, he is.
Q. And have you had occasion to talk with
Mr. Hosam Amara on the telephone?
A. Yes, I have.
Q. And how did that come about, sir?
A. Mr. Amara had some conversations with some
current employees at Agriprocessors, and made some
statements that he would like to talk to government
officials. An individual at Agriprocessors
provided my e-mail address to Mr. Amara, who then
contacted me via e-mail.
Q. And how did you guys arrange contact via the
phone?
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A. I stated to Mr. Amara via e-mail that he
could contact me. I provided him my telephone
number, and he did.
Q. Do you know where he contacted you from?
A. He was in Israel.
Q. Were any of those -- how many phone calls did
you have with him?
A. Two.
Q. Were they recorded?
A. Yes, they were.
Q. Was a transcript prepared?
A. Yes.
MR. COLE: Your Honor, may I approach?
THE COURT: Yes.
Q. Handing you what's been marked as Government
Exhibits 6 and 7, do you recognize those?
A. Yes, I do.
Q. What are they?
A. They are the transcripts of the recorded
phone calls from March 5 of 2009 and March 10 of
2009 with Mr. Amara.
Q. And yourself?
A. Yes.
Q. Fair and accurate transcripts?
A. Yes.
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Q. Any additions or deletions to the
transcripts?
A. No, sir.
MR. COLE: Your Honor, government offers
Government Exhibits 6 and 7.
MR. BROWN: Objection. Relevance, Your
Honor.
THE COURT: Objection's overruled. This
is a detention hearing, and the Rules of Evidence
do not apply.
The Court will receive Exhibits 6 and 7
for whatever relevance they have to the issues
before the Court.
(Whereupon, Exhibits 6 and 7 were
received.)
Q. Looking at Exhibit 6, the conversation of
March 5, 2009, if you were to look at Page 29 of
that exhibit, can you tell me what you and
Mr. Amara discussed?
A. On Page 29 we discussed his departure from
the United States to go home.
Q. And what about that departure?
A. Mr. Amara told me that Mr. Rubashkin told him
to just go ahead and leave and forget about
everything here.
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Q. And referring you to Page 52, what were you
discussing?
A. We were discussing whether or not Mr. Amara
knew if Zeev Levi was over there with him, and
Mr. Amara responded that, yes, he's in Israel.
Q. And who is Zeev Levi?
A. Zeev Levi is another defendant in this case.
Q. What department of Agri did he work in?
A. He also worked for the poultry department.
Q. Turning your attention to Exhibit 7, the
conversation of March 10, 2009, is that a follow-up
conversation with Mr. Amara?
A. Yes, it was.
Q. Was Mr. Amara still in Israel at that time?
A. Yes, sir.
Q. Turning your attention to Page 23 of the
transcript, what did you guys discuss?
A. We again discussed the conversation between
Mr. Amara and the defendant in regards to
Mr. Amara's departure to Israel, where Mr. Amara
told me that, again: Sholom told me [sic] that the
best thing for you to do would be to go back to
Israel. And Mr. Amara confirmed that that was
correct. I asked Mr. Amara if the defendant helped
him purchase a plane ticket. Mr. Amara said that
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he gave him $4,000 to help him.
Q. And that conversation continues on Page 24?
A. Correct.
Q. And you had further conversations with -- in
Exhibit 7 about Mr. Amara being in Israel?
A. Yes.
Q. Handing you what's been marked as Government
Exhibit 1302, 1303, and 1304, do you recognize
those?
A. Yes, I do.
Q. What's 1302?
A. 1302 is a check that was written out to
Mr. Hosam Amara from the employee's special fund at
Agriprocessors signed by Sholom Rubashkin.
Q. And is that what's known as the pop fund?
A. Correct.
Q. What is 1303?
A. 1303 is a cash out withdrawal slip.
Basically, a deposit of $3,000 [sic] into an
account at Citizens State Bank, and $1,000 [sic] in
cash.
Q. And 1304.
A. 1304 is actually the cash out ticket for the
$3,000 on the same date.
Q. These documents were obtained in the course
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of your investigation?
A. Yes.
Q. Any additions or deletions to the exhibits?
A. No.
MR. COLE: Your Honor, we offer 1302,
1303, and 1304.
MR. BROWN: No objection, Your Honor.
THE COURT: Received.
(Whereupon, Exhibits 1302, 1303, and 1304
were received.)
Q. Looking at Exhibit 1302, do you recall
testimony regarding the signatures on these checks?
A. Yes.
Q. And based on your recollection, do you know
whose signature is on this check?
A. It appears to be Sholom Rubashkin's.
Q. And this check is for how much?
A. $4,000.
Q. Made out to whom?
A. Made out to Mr. Hosam Amara.
Q. And that corresponds with your conversation
with Mr. Amara in Exhibit 6 and 7?
A. Yes, it does.
Q. Looking at 1303, can you tell me what that
is?
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A. Again, it's -- it's a slip from Citizens
State Bank, noting a deposit of $1,000 into an
account with an account number and a name of Nisren
Amara, dated June 5, 2008.
Q. And who is Nisren Amara?
A. The spouse of Hosam Amara.
Q. And looking at 1304, can you tell me what
that is?
A. That's an actual cash out ticket on the same
date, June 5, 2008, for $3,000. Again, signed by
N. Amara.
Q. The wife of Hosam Amara?
A. Correct.
Q. Handing you what's been marked as Government
Exhibit 1301, what is that document?
A. It is a document that I received from our ICE
Attaché Office in Rome, Italy.
Q. So it's a document of your agency?
A. Correct. It's actually a diplomatic security
document that was given to my agency in Rome.
Q. At your request?
A. Correct.
Q. Kept in the normal course of business?
A. Yes.
Q. Any additions or deletions made to the
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exhibit?
A. Other than a redaction for date of birth and
passport number, no.
MR. COLE: Your Honor, we offer 1301.
MR. BROWN: No objection.
THE COURT: Received.
(Whereupon, Exhibit 1301 was received.)
Q. Agent Fischels, what information is contained
within Exhibit 1301?
A. The information in this exhibit provides
information regarding Hosam Amara and his entries
and exits to and from Israel for a time period from
1999 to August of 2009.
Q. And does that document confirm then that
Hosam Amara is in Israel in 2009?
A. It does confirm that he exited Israel
multiple times in 2009, and returned to Israel in
August of 2009 via the Jordan River border.
Q. Now, sir, are you also familiar with Rabbi
Shlomo ben Chaim?
A. Yes.
Q. How so?
A. He is the individual who signed the Hunt I-9
forms at Agriprocessors for a certain period of
time.
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Q. And did you also have occasion to investigate
his travel?
A. Yes, I did.
Q. Handing you what's been marked as Government
Exhibit 1319, do you recognize that exhibit?
A. Yes, I do.
Q. And what is it?
A. It is a credit card statement from American
Express relating to an Agriprocessors's credit card
assigned to Sholom Rubashkin.
Q. Fair and accurate copy of that statement?
A. Yes, sir.
Q. Two-page statement?
A. Yes.
Q. Any additions or deletions to the statement?
A. No.
MR. COLE: Your Honor, government offers
1319.
MR. BROWN: No objection, Your Honor.
THE COURT: Received.
(Whereupon, Exhibit 1319 was received.)
Q. Now, the statement itself, sir, what were you
able to glean from it?
A. It appears that on May 29 of 2008, there were
multiple purchases of airline tickets, one
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specifically for Shlomo ben Chaim, the others for
what appear to be family members of the ben Chaim
family, all on May 29, 2008, for travel to
Tel Aviv, Israel, from Chicago.
Q. And how many of those tickets were purchased
then?
A. I believe eight.
Q. And the date of the purchase?
A. May 29, 2008.
Q. Handing you Government Exhibit 1300. What's
Exhibit 1300?
A. It is a printoff from our Department of
Homeland Security Arrival and Departure Information
System.
Q. A business record of your agency?
A. Yes.
Q. Any additions or deletions to that exhibit?
A. No, other than a couple of redactions for
birth dates and document numbers.
MR. COLE: Your Honor, the government
offers Exhibit 1300.
MR. BROWN: No objection.
THE COURT: Received.
(Whereupon, Exhibit 1300 was received.)
Q. What, if anything, did you learn from that
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exhibit?
A. The exhibit shows that Shlomo ben Chaim
departed the United States from Chicago, Illinois,
on June 1 of 2008.
Q. And his flight left out of the US?
A. Correct.
Q. Did you by chance have any conversations with
a Mike Kruckenberg from Freedom Bank?
A. Yes, I did.
Q. What were those conversations regarding?
A. I spoke with Mr. Kruckenberg by phone
regarding Shlomo ben Chaim. Mr. Kruckenberg told
me that he knew Shlomo ben Chaim and that Shlomo
ben Chaim came to him at some point and told him
that he was going to return to Israel and that
Sholom Rubashkin was going to take over his
property. Shortly after that conversation,
Mr. Kruckenberg stated that Shlomo -- Sholom
Rubashkin came to his office and had the properties
transferred to Nevel Properties.
Q. The conversation you had with
Mr. Kruckenberg, about what time was that?
A. It was several weeks ago.
Q. And were you able to determine when the
conversation with Mr. Kruckenberg and Mr. -- Rabbi
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Shlomo ben Chaim occurred?
A. It was sometime after the immigration raid on
May 12.
MR. COLE: Nothing further at this time,
Your Honor.
THE COURT: Cross-examination.
MR. BROWN: Yes, Your Honor.
CROSS-EXAMINATION
BY MR. BROWN:
Q. Agent, did you prepare a report of this
interview a couple weeks ago with the gentleman
from the bank?
A. I did not.
Q. Did you make any notes, handwritten notes, of
your conversation with -- a couple weeks ago with
this gentleman from the bank?
A. I did have some brief handwritten notes,
which I provided to one of the AUSAs.
Q. May I see those notes?
A. I'm not in possession of those notes.
Q. Do those notes contain additional information
other than what you have imparted here today?
A. I do not believe so.
Q. Now, isn't it true that the Hunt payroll was
discontinued at Agriprocessors more than two months
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before the raid?
A. I believe so, yes.
Q. And when Sholom Rubashkin testified that the
Hunt payroll had been discontinued two months
before the raid, that's true, isn't it?
A. Yes, I believe so.
Q. And did Shlomo ben Chaim ever receive a
target letter?
A. Not that I'm aware of.
Q. Now, Sholom Rubashkin over the summer of 2008
received two target letters, did he not?
A. I believe so, yes.
Q. One in late May of 2008, right?
A. Yes.
Q. And one later in the fall of 2008, which
added more potential crimes, including financial
crimes, that he was subject to investigation for,
isn't that correct?
A. Yes.
Q. Including racketeering?
A. I believe so, yes.
Q. Did Sholom Rubashkin ever flee the country
and not return between May 12, 2008, and
October 30, 2008?
A. No, sir.
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Q. And you were here at the original -- or the
appeal detention hearing where testimony was
received from Mr. Schochet in Canada. Were you
present for that testimony?
A. Yes, I was.
Q. Any reason to believe that Mr. Schochet
testified falsely as to his understanding as to why
Mr. Rubashkin went to Toronto in October of 2008?
A. No, sir.
Q. Now, Mr. Hosam [sic] has continued to attempt
to make contact with various individuals in the
Postville area, is that true?
A. I believe so, yes.
Q. Any information that, since his return to
across the ocean, that he has attempted to contact
Sholom Rubashkin?
A. Not to my knowledge, no.
Q. But he has contacted informants at
Agriprocessors or AgriStar, isn't that true?
A. Employees there, yes.
Q. And he's told those employees that he didn't
think he did anything wrong but he doesn't want to
come back, right?
A. That's correct.
Q. In your conversations with him, he was
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attempting to essentially cooperate and negotiate
some kind of a deal?
A. Yes.
Q. And this is a person who you know from your
investigation was involved in a shakedown scheme of
some of the employees in which he would give them
better jobs if they bought a car from him; is that
right?
A. We believe he was involved in a scheme, yes.
Q. It's fair to characterize what you know about
Hosam Amara as unreliable, isn't that true?
A. Based on my conversations with him via the
telephone, I find him to be reliable.
Q. Okay. Well, apparently he's cunning enough
that he can get into Israel without them knowing
about it, isn't that right?
A. I don't know.
Q. Well, you've identified an exhibit, 1301,
which you said documents his travels to and from
Israel, right?
A. Correct.
Q. Does it say when he got to Israel in the
summer of 2008?
A. It doesn't show his arrival to Israel in
2008.
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Q. So somehow he used his guile and his savvy to
get into the country of his birth without them
knowing about it, right?
A. I don't know how he entered the country.
Q. You just know that he was reported as having
left approximately eight months after he supposedly
fled the United States?
A. He left Israel multiple times in 2009 and
returned August 1, 2009, to Israel.
Q. But there's no entry about what happened
in -- over the summer of 2008, right?
A. No, sir.
Q. Now, you've identified an exhibit and were
referred to Page 29. Do you remember that exhibit?
A. Yes. Was that 6 or 7?
Q. 6. Didn't Hosam Amara tell you that
everybody told him to go home?
A. He said, "This is what everybody told me,"
and then specifically mentioned Mr. Rubashkin.
Q. Going back to Page 28, he -- the last
sentence of Page 28 of Exhibit 6, he said, "I left
because this -- everybody told me to do that
(unintelligible) my home," right? Isn't that what
he said?
A. That is correct.
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Q. And then going over to Page 29, you have
this -- an entry where the transcriber has said
"voices overlap," and then he repeats this
"everybody told me" business, right?
A. Correct.
Q. And then Mr. Rubashkin's name came up, right?
A. That's correct.
Q. So isn't what happened during this "voices
overlap" business that you asked him if -- what
Mr. Rubashkin said about staying or going?
A. I do not believe so.
MR. BROWN: I have nothing further, Your
Honor. Thank you very much.
THE COURT: Mr. Cole.
MR. COLE: Yes, Your Honor.
REDIRECT EXAMINATION
BY MR. COLE:
Q. Sir, when you found out about the Hunt I-9s,
was Rabbi Shlomo ben Chaim still around?
A. No, he was not.
MR. COLE: Nothing further, Your Honor.
THE COURT: Anything else?
MR. BROWN: No, thank you, Judge.
THE COURT: Thank you, sir. You may step
down.
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MR. DEEGAN: Your Honor, the government
relies upon the previous evidentiary record made at
the other detention hearing and appeal in this
case, also, the evidence in the record at trial in
this matter. In addition to the matters we've
presented today, that's all the evidentiary record
we have.
THE COURT: All right. Any rebuttal,
Mr. Brown, Mr. Cook?
MR. COOK: No, Your Honor.
THE COURT: All right. Very fine. That
closes the record on the detention issue. You have
briefed the issues that are involved and the
standard that the Court is to use after conviction.
Anything else that you want to say about -- in
argument, Mr. Brown, Mr. Cook?
MR. COOK: Yes, Your Honor. We'd like to
make some brief remarks based upon the testimony
here today and the additional exhibits we've
offered.
THE COURT: Very fine. You may proceed.
MR. COOK: Thank you, Your Honor. We do
rely upon the brief that we filed immediately
following the jury's verdict. And, of course, as
the Court's well aware, the standard changes upon a
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conviction. The burden shifts to the defendant to
demonstrate to the Court by clear and convincing
evidence that he's not likely to flee, nor pose a
danger to the safety of other persons in the
community. We submit that the issue before the
Court, frankly, here is whether he is likely to
flee and whether there is clear and convincing
evidence upon which the Court can find that he is
not likely to flee.
In analyzing that, of course, the Court
is guided by the law and the facts that have been
presented here and at the previous hearing. And
the Court then, in applying this burden, looks to
the factors under 3142 of Title 18. Here, Your
Honor, Mr. Rubashkin now stands convicted of 86
counts. Noteworthy, of course, in looking at the
factors under 3142 is that it is not a crime of
violence. It is a financial crime which he stands
convicted of, which there is, of course, pending a
motion for directed verdict, which the Court has
yet to rule upon, and every intention following
sentencing, should that ruling be unfavorable, the
defendant intends to appeal. And as he indicated
here, while he's not clear of the actual legal
arguments, he is hopeful that his appeal will be
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successful. And we submit that he would not throw
away that opportunity given what he knows, to have
his matter heard on appeal, and flee the
jurisdiction.
So Number 1, it is not a crime of
violence. It's bank fraud. It's a financial --
related financial offenses.
Number 2, Your Honor, under the Code, the
Court is required to look at the weight of the
evidence. Here, that has changed because he has
been convicted. But what's noteworthy, Your Honor,
is that even in the previous detention ruling where
the Court granted bail, the Court found that there
was substantial evidence that the government had
marshaled, and so, frankly, the defendant's
acknowledgment, perception, reality, that there
were substantial charges against him was known to
him and not something that caused him to flee the
jurisdiction. Here, now, of course, he does stand
convicted, but nevertheless, as I mentioned, not a
crime of violence.
Noteworthy, additionally, Your Honor,
unique to the facts of this case, are that, based
upon the Court's well-reasoned severance ruling,
there's a second trial set for December. There are
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still charges in that part of the case to which the
presumption of innocence still attaches with
respect to conspiracy, identity theft, document
fraud. He is presumed innocent, notwithstanding
the Court's first trial and the verdict that was
found by the jury in Sioux Falls.
Looking then at the third factor under
the Code, Your Honor, is the history and
characteristics of the person. There's been
considerable testimony presented by witnesses here
today and included in the more than 1,300 letters
or e-mails that demonstrate, we submit, his
character, which was also testified to at the trial
and is set forth in Defendant's Exhibit E,
testimony from government witnesses that he's
sincere, genuous [sic], concerned, problem-solver,
trustworthy, well-intentioned, good on his word,
honorable, and honest. That testimony came in at
the trial through government witnesses and has been
supplemented by the considerable letters that have
been supplied to the Court, which, frankly, I find
remarkable that in just a few hours from when the
verdict was returned until today, that -- the
support that he has garnered from more than 1,300
people expressing their opinions about his
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character. And, of course, what's noteworthy about
that, Your Honor, and perhaps even more than their
opinions about his character, is his public figure
status, that he is -- is unique before this court
as a criminal defendant, that he is well-known
within the Jewish community, and, frankly, would
not have anyplace to go or anyplace to hide should
he choose to flee, and would dishonor the
considerable support that he has garnered pretrial
and post-trial.
Additionally, Your Honor, with respect to
the factors under the Code are his family ties.
It's well established, as the Court previously
found, that he has significant family ties and
support. He's the father of ten, including young
children, and it's -- it is his life. Beyond his
faith, his family is the most important thing to
him.
The length of residence in the community,
another factor. Well established previously, more
than fifteen years in Postville. He has community
ties, which the Court found before, extended to the
local religious and educational institutions, and
as the Court previously found, he was either --
either founded or was instrumental in the
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development of such institutions.
The Court also previously found that he
has strong evidence of involvement in Postville and
the larger faith community and has a history of
leadership and charity, which has been further
demonstrated by these more than 1,300 letters and
e-mails submitted as part of our evidence here to
the Court.
Additionally, the factors to consider are
criminal history, drug or alcohol abuse. No such
evidence of any drug or alcohol abuse. And the
only criminal history is the conviction which he
stands convicted of, which the pending Motion For
Directed Verdict exists, and the intentions to
appeal, and the second trial.
I think simply put, Your Honor, the
unique situation the Court finds itself here is,
this public figure who has unbelievable support
from his family, from his friends, and from a large
Jewish community that stretches throughout this
country and to other places throughout the world,
that when the Court granted bail in January, it was
based upon a -- factors that were found and
evidence that was presented, but it also was based
upon a -- a belief, a hope, an expectation that the
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bail would be complied with. Now, Your Honor, ten
months later, you have concrete evidence, solid
evidence, evidence beyond a reasonable doubt,
evidence by all certainty, that he complies with
the Court's orders, the Court's dictates, the bail
provisions, and the obligations that were placed
upon him.
As the probation officer indicated,
there's been no problems whatsoever, and he has
complied in all respects. Frankly, Your Honor, the
evidence regarding alleged criminal conduct or
conduct relating to the charges that the jury
returned its verdict on predate the release that
occurred in January and, we submit, would not be
relevant in determining whether there's clear and
convincing evidence that he is not likely to flee,
given bail, nor poses a danger to the community.
I've already mentioned, Your Honor, that
there are substantial appeal issues, which he's
aware of, and other legal issues, which he would
not throw away by fleeing.
Also, Your Honor, as the Court's well
aware, there are a number of other defendants who
have pled guilty and are awaiting sentencing.
Those witnesses who testified at the
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trial -- including Toby Bensasson, Mitch Meltzer,
Elizabeth Billmeyer, and others -- are all
convicted of federal offenses by their own guilty
pleas, yet remain free on bail pending their
sentencing, particularly Toby Bensasson and Mitch
Meltzer, who by their own admission were involved
in a crime which this jury found Sholom Rubashkin
guilty of.
We would submit, Your Honor, that the
entire Jewish world is watching, that the support
that he has received is unprecedented, that that's
been demonstrated by these letters and the
appearance of persons at the trial. And while I
certainly don't intend to belabor the point or
waste the Court's time, because the Court has
before it the substantial letters, I would point
out just a few of these letters. For example,
Exhibit A, Page 31, a letter from a Leah Rosen.
In part, it says: He would never leave his family
for his own selfish gain. His loyalty to his
family is unwavering, in particular to his autistic
son, Moshe.
Additionally, Your Honor, at Exhibit A,
Page 33, Rabbi Benjaminson writes in part: Sholom
Rubashkin is a man of character who will never put
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the rest of the Jewish nation in jeopardy by being
a flight risk.
Significantly, Your Honor, at Exhibit A,
Page 56, a letter from -- I'm sorry, I can't
pronounce it, but I'll spell it,
T-S-Y-M-U-K -- indicating: Dear Judge Reade,
tomorrow -- of course, the letter was written
yesterday -- before you will stand a man who has
been convicted in a controversial case. His
community, his lawyers, his family, his friends
have invested over a year-and-a-half to support him
and work tirelessly. He hasn't tried to run and he
will not run because Sholom Rubashkin is a man of
honor and integrity. Whether you believe he's made
wrong choices or not, he's a man who would never
let down everyone who stands behind him now. He is
a father of ten, a brother, a husband, and a son.
Sholom Rubashkin is not a flight risk. He is a man
who will work through the legal system and deal
with the consequences as he has for the past
year-and-a-half.
That, of course, is confirmed by the
testimony that Mr. Rubashkin gave to the Court on
direct examination.
Finally, Your Honor, a letter, Exhibit A,
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Page 103, of Mendy Balkany. It says in part: My
dealings have shown me that his word and his
handshake is as good as a written and sealed
contract. If he commits to the bail guidelines,
then those guidelines would be followed to the
written letter of the law.
In conclusion, Your Honor, at Page 85 of
Exhibit A, a letter that reads in part from Lev
Cotlar: I can personally attest to the fact that he
is not a flight risk by any stretch of the
imagination. He is, first and foremost, a dedicated
and loving father and husband. For a man with young
children to run away to a foreign country would be
nothing short of cowardice, unlawfulness, and, most
importantly in Mr. Rubashkin's eyes, shirking
parental responsibility in the most severe fashion.
Your Honor, we submit that this man's
history and characteristics as a person, including
his character, his family ties, his religious
dedication, and the evidence we presented here by
testimony and through exhibits demonstrate beyond
clear and convincing evidence that he is not likely
to flee, nor pose a danger to the community, and we
would respectfully request, Your Honor, that he be
granted bail pending the second trial and any
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sentencing.
Thank you, Your Honor.
THE COURT: Mr. Deegan.
MR. DEEGAN: Thank you, Your Honor. And
I'll be brief and try not to repeat too much of
what's in my memo. The fact is, the defendant
really doesn't have any -- he has very few
substantial ties to Iowa and the Postville
community. He no longer works. He no longer has
his father's company to run. And it appears that
during the time he's been on release, he's been
actively involved in preparing for his defense.
But in addition, it appears he's been doing some
volunteer work at the school. That's not the type
of substantial tie to the community that should
give the Court any sort of assurance regarding his
appearance.
With regard to his family ties, the fact
that he's a father of ten, he's got grandchildren,
the letters saying he would never leave his family,
Your Honor, that actually cuts in favor of
detaining the defendant. The -- that whole
argument assumes that he wouldn't flee with his
family. The fact is that he does have a motivation
not to show up for sentencing, in large part
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because of -- because it would mean a separation
from that very family.
As far as community and financial
support, that financial support could provide a
means for the defendant's flight, and that's
something that the Court ought to factor in as
well.
At the end of the day, Your Honor, the
defendant simply has a far greater motive to flee
now that he's been convicted than he did
previously. The Court did find that he committed
bank fraud during his prior period of release.
While he spent his time preparing for -- to contest
the most serious charges in the indictment, that's
done now. He has been convicted, and he no longer
has that motivation to show up in front of the jury
and make his case. Now all that's left, the only
alternative is, "Am I going to show up for
sentencing and serve time in prison or not?" So
the question for today is, "Will he voluntarily
show up? Is there clear and convincing evidence
that this defendant, having no other alternative,
will, in fact, choose to be separated from his
family and go to prison?" The government asks the
Court to consider the choices the defendant has
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made previously when he was all out of options. In
the spring of 2008, when he learned Immigration was
coming, his involvement in creating new fake IDs to
try to make these folks look as if they were
documented; his decision to gather up the Hunt
I-9s, which would incriminate him as well, so they
couldn't be used as evidence against him; giving
Hosam Amara $4,000 and telling him it would be
better if he just left; paying for flights out of
the country for Shlomo ben Chaim and his family.
And then later on in the fall of 2008 when it's
clear that his fraud was going to be exposed, he
gathers up the evidence, the fake invoices, the
bills of lading, the copies of checks, the thumb
drive, all so that that can't be used as evidence
against him.
And, Your Honor, I'd ask that the Court
consider those actions that the defendant took,
again, when there was no more option of just
letting that stuff being discovered in -- be
discovered in his mind, the actions that he's taken
repeatedly in this case to obstruct justice. And
then finally, Your Honor, when he took the stand at
trial and here today, his testimony under oath --
and, Your Honor, I don't want to belabor going over
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127
in detail his testimony, but there were certain
things that were, in fact, very inconsistent, both
in his testimony today and with his testimony
previously. That's the true Sholom Rubashkin, Your
Honor, that you have to consider, the man who
testifies the way he did in the argumentative and
combative manner in which he did today and at the
trial, and in a way that simply will -- a man that
will simply say whatever suits him at the moment.
Your Honor, that's an offense. That's a
felony offense. And he did it right here in your
courtroom. And, Your Honor, I don't think you can
give that too much weight in considering what the
likelihood is that he is going to, in fact, comply
with terms of release and show up.
The Court has previously found that he
was a flight risk. And while he did appear for
trial to fight, again, those most serious charges,
again, that's now over, and it's the appearance for
sentencing that's the toughest, Your Honor. That's
the one where he has to be separated from his
family. That's the one that really counts. And
the government asks that the Court decline to find
by clear and convincing evidence that he's not a
risk of flight.
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THE COURT: Any rebuttal?
MR. COOK: I would simply say this, very
briefly, Your Honor, that bail is not to be
punitive. Bail is to ensure the defendant's
appearance at court proceedings. This man will not
flee. The evidence is overwhelming. He will not
flee. At the time of sentencing, the Court can
deal with punitive issues that are important to the
facts of this case.
THE COURT: All right. The Court will
take the issue under advisement and get a ruling
out as soon as possible.
Let's talk just for a minute about the
second trial. Is there going to be a second trial?
And I selfishly ask you that because I've been gone
for weeks, and my work has piled up in spite of
working long distance. There are trials that I
have to make arrangements for.
MR. DEEGAN: Your Honor, I appreciate the
Court's question. I simply don't have an answer
for you as I sit here today. I can tell you that
there's discussions going on within the office.
There are some discussions with the defense as
well. And that -- we expect that we ought to have
a decision soon. Right now, we are, in fact,
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continuing to work on jury instructions and
preparing for trial.
THE COURT: All right. Very fine. Well,
you know that I would appreciate knowing as soon as
you do. I've got particularly one case that I've
been kind of pushing that's a criminal case, and
it's the type of case I don't want to ask another
judge to try. I would like to try it. And so let
me know as soon as you can.
How are we doing on instructions? Did
we -- I know we kind of suspended the rules, so
what's the new timeline?
MR. COLE: We have, Your Honor. I've
been working with Mr. Zenor on those. I haven't
been able to get in touch with him the last couple
of days. We have a number of instructions that are
agreed upon. There's a couple that we haven't
agreed to yet. I'm waiting on his proposal to
stick in for one filing, but they're substantially
less than what they were in the first trial.
THE COURT: That's good, because that
just about killed me off, reading all those. All
right. Then we're still on board to have a
pretrial, and that's on Tuesday, right? Monday's
the travel day. I didn't want to cut you too short
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on Thanksgiving --
MR. COLE: That's correct.
THE COURT: -- since I've already taken
you away from your families. So Tuesday, at 1:30,
Sioux Falls, South Dakota, final pretrial. If you
want me to decide motions ahead of time so that you
know the direction of the trial, we probably ought
to get those on file. Any rulings that I made in
the prior trial remain in full force and effect.
You don't have to reassert them. So go back and
look at your motions in limine and the Court's
orders on those. And then if there are any new
ones, we'll be -- you know, I can take those up
maybe yet this week by telephone conference call or
something, if you need an answer right away.
MR. DEEGAN: And, Your Honor, just to
confirm for the purposes of subpoenas, I believe we
spoke earlier about picking the jury that first
week, perhaps doing preliminary instructions and
openings. When would the Court like to start the
government's evidence?
THE COURT: I think we should just plan
that we'll start that next Monday, and then we
won't have witnesses sitting around. I don't have
a feel, frankly, for the difficulty in impanelling
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131
a jury. I am hopeful that we won't have any more
trouble than we did the first time, because there
has not been the type of publicity up there that
there has been in Iowa, and so I'm hopeful that it
will go well. Just like the last trial, there will
be a group of jurors summoned for that first day,
and then if we need them, we've got stand-by people
the next day to come in, so I think we'll have
enough jurors to pick a fair and impartial jury.
And because of all the flu and everything, I'm
leaning toward having four alternates again. We
lucked out. We only lost one to the flu the last
trial.
Did I understand somewhere that you're
thinking that this trial would be a shorter trial,
or should I plan for four weeks?
MR. DEEGAN: Your Honor, I expect that
the government's case would be more in the line of
a week, a little more perhaps, depending on
cross-examination, so I would hope that it could be
all wrapped up within three. Now, that's not
accounting for the first few days in that first
week, so perhaps that does equal four.
THE COURT: Do you have a feel for it,
Mr. Brown, Mr. Cook?
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MR. BROWN: Your Honor, I think our
witness list would be comparable to the last case,
but there will some more offer-of-proof testimony
that will take up some time.
THE COURT: Okay. We can put that in any
time you want.
MR. BROWN: Right.
THE COURT: I guess if we get to
Christmas week, we'll have to talk about it and see
what everybody's Christmas plans are and -- does
anybody have tickets to go someplace warm that I
need to know about? No? Well, I don't either, so
it looks like we'll be able to take time off for
Christmas Eve and Christmas, and then, if
necessary, go back and finish it that next week.
I'm sure our jurors will be interested in what our
schedule is.
All right. Anything else that I can do?
I'm sorry, yesterday we had a meltdown here.
Somebody cut a telephone line down the road, and we
had no IT yesterday. And so we weren't able to
access a lot of things, and you probably weren't
able to file some things that you wanted to, and my
apologies.
Anything else, Mr. Deegan, Mr. Cole,
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Mr. Williams?
MR. DEEGAN: No, Your Honor. Thank you.
THE COURT: Mr. Cook, Mr. Brown?
MR. COOK: No, Your Honor. I just want
to make sure that the exhibits I've marked get to
the Court.
THE COURT: Sure. Will you just check
with Ms. Haas afterwards and make sure I've got
everything you want me to have?
MR. COOK: Thank you, Your Honor.
THE COURT: All right. Thank so much.
(Proceedings concluded at 11:55 a.m.)
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C E R T I F I C A T E
I, Patrice A. Murray, a Certified Shorthand Reporter of the State of Iowa, do hereby certify that at the time and place heretofore indicated, a hearing was held before the Honorable Linda R. Reade; that I reported in shorthand the proceedings of said hearing, reduced the same to print to the best of my ability by means of computer-assisted transcription under my direction and supervision, and that the foregoing transcript is a true record of all proceedings had on the taking of said hearing at the above time and place.
I further certify that I am not related to or employed by any of the parties to this action, and further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.
IN WITNESS WHEREOF, I have set my hand this 20th day of December, 2009.
/ s / P a t r i c e A. M u r r a y Patrice A. Murray, CSR, RPR, RMR, FCRRUnited States District Court, NDIA4200 C Street S.W.Cedar Rapids, Iowa 52404
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$$1,000 [4] - 66:22, 83:2,
101:20, 103:2$10,000 [2] - 83:2, 87:8$100 [1] - 83:2$18 [3] - 82:21, 82:25, 87:8$25 [2] - 82:21, 82:25$271,000 [1] - 65:11$3,000 [3] - 101:19, 101:24,
103:10$4,000 [4] - 33:23, 101:1,
102:18, 126:8$4,500 [1] - 33:22$600 [1] - 45:5$7,921,241 [2] - 93:9, 93:10
''07 [1] - 59:21'38 [1] - 70:25'90 [1] - 28:20'91 [1] - 28:20'93 [1] - 28:20
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119:61,342 [1] - 94:210 [2] - 98:20, 100:11100 [1] - 80:25102 [6] - 2:14, 2:14, 2:15103 [1] - 123:1104 [2] - 2:13105 [2] - 2:15106 [2] - 2:13108 [1] - 2:7113 [1] - 2:711:55 [1] - 133:1212 [4] - 76:18, 77:21, 108:3,
109:23120 [2] - 45:2, 76:121300 [5] - 2:13, 106:10,
106:11, 106:21, 106:241301 [6] - 2:13, 103:15,
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101:17, 101:18, 102:6, 102:9, 102:241304 [7] - 2:15, 101:8,
101:22, 101:23, 102:6, 102:9, 103:71319 [4] - 2:15, 105:5,
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38:10, 38:14, 39:62008 [21] - 5:5, 49:4, 76:18,
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330 [2] - 5:5, 109:2431 [1] - 121:183142 [2] - 115:14, 115:1733 [1] - 121:2437 [1] - 2:4
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83:1243 [2] - 93:3, 93:945 [1] - 24:84:35 [1] - 23:21
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99 [1] - 2:492 [3] - 2:16, 2:18, 2:1893 [5] - 2:17, 2:19, 2:19,
2:20, 2:2094 [1] - 2:1695 [9] - 2:16, 2:16, 2:17,
2:18, 2:18, 2:19, 2:19, 2:20, 2:2096 [1] - 2:799 [4] - 2:12, 2:12
AA-1 [4] - 2:16, 94:4, 94:13,
95:13A-2 [5] - 2:17, 14:19, 16:14,
16:17, 16:18A-3 [3] - 2:17, 93:25, 95:13Aaron [3] - 77:14, 77:17,
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69:10abided [1] - 13:6abiding [1] - 73:24ability [4] - 21:23, 62:13,
90:2able [14] - 10:13, 19:10,
19:11, 20:11, 77:3, 79:18, 82:18, 91:15, 105:23, 107:24, 129:15, 132:13, 132:21, 132:23Abrahams [2] - 31:4, 43:20abreast [1] - 12:25absolutely [3] - 18:16,
84:14, 87:15Absolutely [1] - 80:1abuse [2] - 119:10, 119:11Academy [1] - 96:15accept [3] - 38:18, 47:25,
69:14accepting [1] - 26:13accepts [3] - 81:2, 81:6,
81:18access [1] - 132:22accommodate [1] - 39:4accomplished [1] - 13:16accomplishment [1] - 77:8according [1] - 50:9account [7] - 43:1, 59:8,
59:12, 59:25, 101:20, 103:3accountable [2] - 44:1, 44:4accounting [1] - 131:22accounts [2] - 17:12, 74:10accurate [2] - 98:24, 105:11Achs [3] - 59:24, 60:4, 60:6acknowledgment [1] -
116:16acquitted [2] - 21:24, 48:3acronym [1] - 76:5act [1] - 35:7actions [2] - 126:18, 126:21active [1] - 28:22actively [1] - 124:12activities [3] - 11:10, 22:22,
23:17acts [1] - 77:10actual [4] - 64:12, 80:5,
103:9, 115:24Adam [1] - 12:7add [1] - 58:21added [2] - 60:13, 109:16addition [3] - 79:22, 114:5,
124:13additional [5] - 34:25, 35:11,
93:22, 108:21, 114:19Additionally [3] - 118:11,
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70:11, 74:22afforded [1] - 20:18Africa [2] - 77:7, 84:15afterwards [1] - 133:8age [1] - 70:24agency [3] - 103:18, 103:20,
106:15Agent [4] - 95:20, 95:21,
104:8, 108:10agent [3] - 31:22, 32:23,
96:9agents [1] - 96:20ago [5] - 78:21, 78:22,
107:23, 108:11, 108:15agreed [3] - 13:15, 129:17,
129:18agreement [3] - 46:1, 46:5,
47:2Agri [8] - 31:14, 31:15,
44:20, 62:18, 63:4, 63:20, 78:14, 100:8Agriprocessors [22] - 29:8,
29:9, 29:12, 31:13, 43:7, 60:14, 64:4, 64:17, 64:22, 64:23, 65:11, 65:13, 65:18, 67:4, 78:5, 97:7, 97:19, 97:21, 101:14, 104:24, 108:25, 110:19Agriprocessors's [2] - 17:4,
105:9Agristar [1] - 110:19Agudath [2] - 83:22, 84:1ahead [3] - 68:3, 99:24,
130:6ahold [1] - 12:7airline [3] - 7:5, 31:7, 105:25airport [4] - 14:5, 14:10,
14:11, 89:8airports [3] - 6:25, 14:9,
67:19alcohol [2] - 119:10, 119:11alert [1] - 70:14aliens [1] - 38:12alike [1] - 28:25alleged [1] - 120:11Alliance [1] - 83:19allow [2] - 14:6, 19:21allowed [5] - 11:25, 40:19,
63:16, 63:17, 94:9alternates [1] - 131:11alternative [2] - 125:18,
125:22
Althouse [4] - 39:1, 41:9, 61:19, 63:9Amara [33] - 33:13, 33:22,
97:1, 97:15, 97:18, 97:22, 98:1, 98:21, 99:19, 99:23, 100:3, 100:5, 100:12, 100:14, 100:19, 100:20, 100:23, 100:24, 100:25, 101:5, 101:13, 102:20, 102:22, 103:4, 103:5, 103:6, 103:11, 103:12, 104:11, 104:15, 111:11, 112:16, 126:8Amara's [1] - 100:20amazing [4] - 19:6, 19:9,
25:2, 35:14America [13] - 3:2, 16:6,
19:8, 26:17, 76:24, 77:6, 83:12, 83:15, 83:16, 83:19, 84:4, 84:13, 85:20American [9] - 30:21, 30:22,
31:9, 47:22, 48:1, 81:6, 83:18, 86:23, 105:8amount [4] - 51:15, 57:19,
58:9, 81:1amounts [1] - 93:7analyzing [1] - 115:10Anash [4] - 79:2, 79:5, 79:6Animals [1] - 78:7answer [18] - 12:6, 20:9,
40:19, 40:24, 41:17, 45:23, 45:24, 55:24, 55:25, 56:1, 56:3, 60:2, 86:21, 86:22, 86:24, 86:25, 128:20, 130:15answering [1] - 61:3antagonistic [1] - 19:4anyplace [4] - 84:5, 84:9,
118:7anyways [4] - 31:24, 32:21,
67:21, 68:4apart [1] - 15:20Apgen [1] - 67:3apologies [1] - 132:24appeal [15] - 21:11, 21:18,
21:21, 21:23, 82:10, 90:18, 94:6, 94:17, 110:2, 114:3, 115:23, 115:25, 116:3, 119:15, 120:19appear [4] - 31:25, 69:1,
106:2, 127:17appearance [9] - 7:16,
24:20, 34:25, 35:12, 35:22, 121:13, 124:17, 127:19, 128:5appearances [1] - 25:15appeared [1] - 15:22appearing [1] - 14:20apply [2] - 41:16, 99:10applying [1] - 115:13appointed [2] - 11:15, 11:25appreciate [2] - 128:19,
129:4approach [2] - 14:15, 98:13appropriate [1] - 95:1approval [2] - 3:21, 8:17approved [2] - 8:10, 31:6approving [1] - 32:25approximation [1] - 81:24April [16] - 49:13, 50:1, 50:9,
51:1, 51:8, 51:18, 51:25, 52:5, 52:12, 57:14, 57:19, 58:7, 58:19, 58:20, 58:21, 60:18area [7] - 11:25, 18:7, 18:8,
56:17, 76:15, 76:17, 110:12areas [2] - 77:4, 79:10argument [4] - 21:6, 51:4,
114:16, 124:23argumentative [1] - 127:6arguments [2] - 21:10,
115:25arrange [1] - 97:24arrangement [4] - 44:7,
45:15, 45:21, 45:25arrangements [2] - 43:18,
128:18arrested [2] - 50:4, 50:9Arrival [1] - 106:13arrival [1] - 111:24arrived [1] - 12:25article [5] - 14:20, 14:23,
14:24, 15:9, 15:22Asia [2] - 77:6aside [1] - 83:6aspects [1] - 91:22asserting [1] - 94:10assessed [1] - 93:8assigned [1] - 105:10assist [2] - 3:24, 18:3assisting [2] - 17:25, 79:22assume [1] - 91:7assumes [1] - 124:23assuming [1] - 53:7assumption [1] - 50:14assurance [1] - 124:16assured [1] - 63:3attached [2] - 72:13attaches [1] - 117:2attachment [2] - 72:24Attaché [1] - 103:17attempt [1] - 110:10attempted [1] - 110:15attempting [1] - 111:1attend [3] - 85:25, 86:15,
88:7attention [4] - 14:19, 15:23,
100:10, 100:16attest [1] - 123:9attested [1] - 37:21attorneys [2] - 3:4, 5:22
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
2
August [3] - 104:13, 104:18, 112:9Ausas [1] - 108:18Australia [3] - 84:18, 84:20,
84:21authorization [1] - 6:1Autism [1] - 26:16autism [1] - 26:19autistic [2] - 27:24, 121:21available [2] - 18:8, 92:4Aviv [1] - 106:4avoid [2] - 47:18, 47:20awaiting [1] - 120:24aware [11] - 7:4, 84:6, 85:6,
90:20, 91:9, 91:12, 91:19, 109:9, 114:25, 120:20, 120:23
Bbackground [2] - 75:8,
75:19backup [1] - 67:21bail [31] - 12:1, 19:13, 19:16,
19:22, 19:24, 25:10, 34:25, 48:6, 69:1, 69:3, 69:9, 73:4, 85:17, 85:23, 91:5, 91:8, 93:5, 93:18, 94:6, 94:9, 94:18, 95:1, 116:13, 119:22, 120:1, 120:5, 120:17, 121:4, 123:4, 123:25, 128:3Bail [1] - 128:4Balkany [1] - 123:1Baltimore [1] - 82:25Bank [6] - 45:14, 46:21,
51:8, 101:20, 103:2, 107:8bank [12] - 17:12, 48:13,
48:16, 49:6, 58:2, 58:5, 74:9, 91:18, 108:12, 108:16, 116:6, 125:12bankruptcy [3] - 11:13,
17:7, 17:11based [5] - 102:14, 114:18,
116:23, 119:23, 119:24Based [2] - 73:1, 111:12basis [2] - 22:4, 80:13bastions [1] - 80:22beautiful [2] - 15:20, 28:12became [6] - 15:24, 16:11,
27:14, 29:12, 78:16, 79:13become [2] - 29:12, 96:17beef [3] - 30:9, 32:6, 32:17beforehand [1] - 33:19begin [4] - 5:4, 26:13, 70:13,
96:25behalf [2] - 76:23, 78:5behavior [4] - 10:24, 11:1,
71:19, 71:21behind [1] - 122:16Beijing [1] - 84:25
Appellate Case: 10-2487 Page: 136 Date Filed: 06/16/2011 Entry ID: 3798710
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belabor [2] - 121:14, 126:25belief [2] - 81:11, 119:25believes [2] - 80:24, 81:10ben [21] - 29:7, 29:11, 37:9,
42:9, 42:13, 45:22, 46:11, 46:22, 61:18, 61:21, 104:20, 106:1, 106:2, 107:2, 107:12, 107:13, 107:14, 108:1, 109:7, 113:19, 126:10bench [1] - 3:14Benjaminson [1] - 121:24Bensasson [3] - 52:10,
121:1, 121:5Bensimon [1] - 11:9Ber [1] - 75:4Best [1] - 11:14best [6] - 12:13, 70:17,
89:19, 90:1, 90:2, 100:22bet [7] - 52:21, 52:23, 55:5,
55:6, 63:4, 63:5better [5] - 11:2, 11:3, 22:23,
111:7, 126:9between [4] - 17:14, 27:20,
100:18, 109:23Beyond [1] - 118:16beyond [5] - 28:8, 65:7,
120:3, 123:21big [5] - 24:11, 72:6, 72:24,
85:1, 85:13biggest [1] - 36:20bill [4] - 42:23, 56:15, 56:22Billmeyer [3] - 38:17, 40:12,
121:2Billmeyer's [1] - 41:6bills [8] - 53:2, 56:8, 56:18,
56:25, 57:5, 57:12, 79:23, 126:14birth [3] - 104:2, 106:19,
112:2bit [10] - 10:9, 11:12, 11:15,
13:25, 14:1, 27:19, 29:3, 29:15, 82:8, 88:18blame [2] - 51:13, 58:19blaming [1] - 58:15blessed [1] - 89:15block [1] - 87:14board [1] - 129:23bond [3] - 28:7, 28:8, 28:9book [5] - 31:5, 32:24, 59:5,
83:6booklet [1] - 83:11books [1] - 49:14border [1] - 104:18born [1] - 70:25Borough [4] - 12:22, 30:24,
30:25, 85:13bottom [1] - 40:22Bottom [2] - 43:22, 89:22bought [3] - 29:15, 45:10,
111:7
bound [1] - 83:6box [1] - 84:2boxes [2] - 55:7, 63:5boy [2] - 27:17, 57:17boys [1] - 72:5bracelet [2] - 7:10, 7:17break [3] - 48:25, 69:24,
91:7breakdown [1] - 33:25bridge [1] - 28:3brief [7] - 5:8, 44:24, 70:2,
108:17, 114:18, 114:23, 124:5briefed [1] - 114:13briefly [3] - 18:2, 75:7, 128:3Briefly [2] - 8:4, 95:17bring [1] - 28:4brings [1] - 93:25broad [4] - 56:15, 56:17,
78:1, 89:25Brooklyn [6] - 75:10, 76:9,
76:15, 76:16, 83:9, 85:13brother [5] - 23:13, 46:14,
84:15, 84:17, 122:17brother-in-law [1] - 84:17brothers [1] - 77:13brought [3] - 33:23, 54:15,
65:3Brown [25] - 3:7, 4:15, 8:1,
9:1, 9:2, 70:4, 74:18, 75:2, 87:18, 92:10, 99:6, 102:7, 104:5, 105:19, 106:22, 108:7, 108:9, 113:12, 113:23, 114:9, 114:16, 131:25, 132:1, 132:7, 133:3build [1] - 28:3burden [3] - 3:6, 115:1,
115:13business [9] - 31:12, 59:14,
77:25, 78:3, 85:2, 103:23, 106:15, 113:4, 113:9buy [2] - 30:19, 31:18buying [2] - 33:2, 44:22bye [1] - 42:19
Ccabinets [1] - 55:11California [2] - 68:10, 68:11Canada [4] - 36:19, 36:21,
71:4, 110:3cannot [1] - 44:1cap [1] - 30:7capacity [2] - 4:22, 4:24capped [2] - 29:19, 30:3captive [1] - 35:16car [5] - 13:18, 13:23, 13:25,
36:16, 111:7card [9] - 32:22, 43:23,
43:24, 44:2, 44:4, 44:5,
105:8, 105:9cards [2] - 30:18care [13] - 18:5, 30:8, 32:24,
33:1, 38:19, 38:20, 42:21, 43:21, 58:2, 58:5, 58:6, 60:15, 71:13careful [1] - 25:3carefully [2] - 19:23, 21:17case [43] - 3:2, 3:3, 6:5,
14:21, 14:22, 15:10, 15:15, 15:23, 16:22, 17:22, 17:25, 18:4, 18:9, 19:25, 20:20, 25:24, 33:24, 48:19, 65:9, 82:10, 84:21, 84:22, 85:15, 90:16, 90:17, 90:18, 96:20, 96:21, 97:12, 100:7, 114:4, 116:23, 117:1, 122:9, 125:17, 126:22, 128:9, 129:5, 129:6, 129:7, 131:18, 132:2cases [1] - 16:22cash [4] - 101:18, 101:21,
101:23, 103:9category [1] - 56:15caused [1] - 116:18Cds [1] - 17:11Cedar [2] - 85:8, 85:21Center [1] - 26:17certain [7] - 3:18, 20:23,
62:13, 81:1, 94:18, 104:24, 127:1certainly [2] - 42:10, 121:14certainty [2] - 86:12, 120:4Chabad [3] - 19:1, 19:5,
78:25Chaim [23] - 29:7, 29:11,
31:4, 37:9, 42:9, 42:13, 43:18, 43:20, 45:22, 46:22, 61:18, 61:21, 104:20, 106:1, 106:2, 107:2, 107:12, 107:13, 107:14, 108:1, 109:7, 113:19, 126:10Chaim's [1] - 46:11chairman [1] - 76:2challenges [1] - 78:6challenging [1] - 81:2chance [2] - 69:13, 107:7change [1] - 45:24changed [2] - 68:25, 116:10changes [1] - 114:25chaos [1] - 65:2character [7] - 93:13, 94:23,
117:13, 118:1, 118:3, 121:25, 123:19characteristics [2] - 117:9,
123:18characterize [2] - 87:6,
111:10charge [5] - 5:8, 29:22, 44:6,
71:16, 71:17charged [6] - 20:7, 20:8,
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
3
32:22, 45:6, 65:1charges [13] - 15:11, 15:23,
21:25, 25:17, 36:4, 69:6, 69:8, 78:19, 116:17, 117:1, 120:12, 125:14, 127:18charity [2] - 77:10, 119:5Chase [1] - 30:22Chaya [1] - 23:13check [14] - 5:18, 5:20, 7:7,
33:19, 33:22, 58:10, 58:14, 58:24, 59:9, 59:11, 101:12, 102:15, 102:17, 133:7check-in [1] - 5:20checks [15] - 51:6, 51:7,
51:18, 52:20, 57:15, 58:8, 58:22, 59:6, 59:7, 59:16, 60:12, 60:25, 61:8, 102:12, 126:14Checks [1] - 83:1Chicago [5] - 22:12, 23:14,
106:4, 107:3chicken [2] - 32:11, 32:17chickens [2] - 17:8, 17:9children [4] - 10:11, 72:19,
118:16, 123:13China [2] - 84:23choices [2] - 122:15, 125:25choose [2] - 118:8, 125:23Christmas [4] - 132:9,
132:10, 132:14Cincinnati [1] - 14:8Citibank [1] - 30:22cities [1] - 85:1citizen [1] - 48:1Citizens [2] - 101:20, 103:1citizens [2] - 73:24City [5] - 60:6, 60:7, 63:23,
66:20, 77:1city [2] - 76:25, 80:22Cj [1] - 60:23claimed [1] - 65:12class [3] - 72:6, 76:12classes [2] - 72:7, 72:8clean [1] - 29:20clear [13] - 21:1, 32:21,
37:22, 39:6, 91:9, 115:2, 115:7, 115:24, 120:15, 123:22, 125:21, 126:12, 127:24cleared [1] - 7:20clearer [1] - 29:13clearly [1] - 69:8clicked [1] - 10:23close [1] - 28:21closed [1] - 27:25closely [2] - 17:10, 80:5closes [1] - 114:12Club [1] - 30:23coaching [1] - 27:16
Appellate Case: 10-2487 Page: 137 Date Filed: 06/16/2011 Entry ID: 3798710
156 of 219
Code [3] - 116:8, 117:8, 118:12codefendant [1] - 97:12cognizant [1] - 80:15Cohen [5] - 37:20, 37:25,
39:5, 39:16, 40:6Cohen's [1] - 39:10Cole [15] - 96:4, 98:13, 99:4,
102:5, 104:4, 105:17, 106:20, 108:4, 113:14, 113:15, 113:17, 113:21, 129:13, 130:2, 132:25collate [1] - 42:24collect [1] - 78:17collecting [1] - 67:6collection [1] - 64:13college [1] - 73:22combative [1] - 127:7coming [11] - 22:11, 23:5,
31:24, 32:19, 34:2, 36:19, 38:17, 68:1, 83:2, 83:24, 126:3commenced [1] - 9:22comment [2] - 66:16, 66:18commits [1] - 123:4committed [6] - 48:13,
48:16, 49:6, 90:21, 91:18, 125:11committee [8] - 8:21, 18:3,
78:22, 79:1, 79:8, 82:1, 82:13, 89:12Committee [6] - 76:1, 76:3,
76:6, 79:1, 79:5, 82:16common [1] - 16:7communities [1] - 22:8Community [1] - 78:10community [43] - 15:20,
15:25, 17:15, 17:16, 18:20, 18:21, 18:22, 23:8, 23:10, 28:23, 75:17, 75:19, 75:23, 76:8, 76:10, 76:14, 77:9, 77:23, 78:9, 78:24, 78:25, 79:14, 80:19, 84:12, 85:13, 85:20, 86:25, 88:18, 89:23, 94:24, 115:5, 118:6, 118:19, 118:21, 119:4, 119:20, 120:17, 122:10, 123:23, 124:9, 124:15, 125:3companies [6] - 11:12, 64:3,
64:17, 64:23, 65:18, 67:3company [7] - 17:6, 30:19,
30:24, 59:12, 59:13, 85:3, 124:10company's [1] - 65:4comparable [1] - 132:2complaints [1] - 78:14compliance [1] - 24:19complied [3] - 12:24, 120:1,
120:10complies [1] - 120:4
comply [6] - 13:10, 24:24, 25:9, 27:2, 68:25, 127:14complying [1] - 12:15compound [1] - 36:14computer [1] - 67:21concept [2] - 40:14, 40:15Concerned [2] - 79:1, 79:6concerned [1] - 117:16concluded [1] - 133:12Concluded [1] - 75:10conclusion [1] - 123:7concrete [1] - 120:2conditions [5] - 12:14, 48:6,
86:14, 90:8, 94:19conduct [2] - 120:11, 120:12conduit [2] - 79:17, 80:8conference [2] - 69:11,
130:14confines [1] - 13:14confirm [3] - 104:14,
104:16, 130:17confirmed [2] - 100:23,
122:22confused [1] - 63:25congregation [1] - 75:24Congregations [1] - 83:14conjunction [1] - 29:8connect [1] - 79:18connected [1] - 74:3connections [1] - 77:1consequences [1] - 122:20consider [5] - 28:9, 119:9,
125:25, 126:18, 127:5considerable [6] - 34:12,
34:16, 34:18, 117:10, 117:20, 118:9considering [1] - 127:13conspiracy [1] - 117:3consultation [1] - 79:24contact [5] - 5:23, 97:24,
98:2, 110:11, 110:15contacted [3] - 97:23, 98:4,
110:18contain [2] - 3:15, 108:21contained [1] - 104:8contemplated [1] - 36:11contest [1] - 125:13context [2] - 51:5, 61:2continue [1] - 21:6continued [2] - 75:13,
110:10continues [1] - 101:2continuing [1] - 129:1contract [1] - 123:4contributors [1] - 81:25controversial [1] - 122:9convention [1] - 83:24conversation [11] - 53:10,
99:16, 100:11, 100:12,
100:18, 101:2, 102:21, 107:17, 107:21, 107:25, 108:15conversations [6] - 97:18,
101:4, 107:7, 107:10, 110:25, 111:12convicted [9] - 115:15,
115:19, 116:11, 116:20, 119:13, 121:3, 122:9, 125:10, 125:15conviction [3] - 114:14,
115:1, 119:12convincing [6] - 115:2,
115:7, 120:16, 123:22, 125:21, 127:24Cook [34] - 3:7, 3:9, 4:2, 4:6,
9:7, 9:16, 14:15, 16:10, 16:13, 16:19, 37:1, 40:17, 41:13, 41:18, 68:20, 68:23, 69:17, 70:4, 70:6, 70:13, 70:19, 73:14, 74:15, 92:14, 114:9, 114:10, 114:16, 114:17, 114:22, 128:2, 131:25, 133:3, 133:4, 133:10cooperate [1] - 111:1coordinated [2] - 16:23,
18:14copies [10] - 3:11, 3:12,
3:14, 51:18, 52:20, 61:24, 63:7, 63:8, 92:16, 126:14copy [5] - 55:4, 62:15,
62:16, 68:11, 105:11copy's [1] - 68:9correct [67] - 37:13, 39:2,
39:15, 39:16, 40:12, 41:7, 41:8, 41:25, 42:4, 43:8, 44:9, 46:16, 46:23, 47:6, 47:11, 47:18, 47:21, 48:11, 48:14, 48:18, 49:1, 49:8, 49:9, 49:15, 50:7, 51:10, 51:14, 51:19, 56:9, 56:13, 57:15, 58:9, 59:9, 59:17, 59:21, 60:13, 61:1, 61:9, 61:20, 63:11, 63:15, 63:20, 64:5, 64:17, 64:20, 65:19, 67:6, 67:8, 67:25, 88:2, 88:8, 88:15, 88:19, 88:23, 89:24, 90:10, 90:23, 96:22, 96:23, 100:24, 109:18, 110:24, 112:25, 113:7, 130:2Correct [12] - 48:8, 48:12,
56:10, 96:16, 101:3, 101:16, 103:13, 103:19, 103:22, 107:6, 111:21, 113:5correctly [2] - 58:18, 90:13corresponds [1] - 102:21cost [1] - 43:2costs [1] - 18:6Cotlar [1] - 123:9Cottonballs [2] - 11:14, 17:7
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
4
counsel [1] - 3:15counting [1] - 27:12country [14] - 10:12, 33:8,
33:10, 42:10, 46:23, 73:25, 79:19, 80:4, 109:22, 112:2, 112:4, 119:21, 123:13, 126:10counts [2] - 115:16, 127:22couple [7] - 68:20, 96:24,
106:18, 108:11, 108:15, 129:15, 129:17course [16] - 20:21, 26:2,
26:22, 63:16, 76:4, 76:11, 101:25, 103:23, 114:24, 115:10, 115:16, 115:19, 116:19, 118:1, 122:7, 122:22court [31] - 11:15, 11:25,
19:25, 20:19, 22:18, 22:22, 22:25, 23:14, 23:15, 23:18, 23:20, 24:1, 24:5, 24:15, 24:19, 24:20, 24:24, 25:9, 25:15, 33:23, 36:24, 47:23, 48:19, 65:9, 69:2, 78:20, 79:4, 86:15, 118:4, 128:5Court [134] - 3:1, 3:11, 3:13,
3:24, 3:25, 4:5, 4:8, 4:12, 8:3, 9:1, 9:4, 9:9, 9:14, 14:16, 16:17, 19:17, 19:20, 21:14, 21:21, 25:10, 28:14, 29:3, 34:14, 35:11, 35:21, 37:3, 38:8, 40:23, 41:2, 41:15, 47:13, 55:25, 56:5, 68:18, 69:4, 69:9, 69:10, 69:12, 69:14, 69:20, 69:23, 70:3, 70:8, 70:12, 70:14, 73:3, 73:4, 73:16, 74:14, 74:16, 74:19, 74:23, 75:7, 75:15, 81:16, 87:17, 87:20, 91:17, 92:9, 92:11, 92:16, 93:11, 94:5, 94:16, 94:18, 94:20, 94:21, 94:25, 95:6, 95:10, 95:11, 95:15, 95:18, 95:21, 96:1, 98:14, 99:8, 99:11, 99:13, 102:8, 104:6, 105:20, 106:23, 108:6, 113:14, 113:22, 113:24, 114:8, 114:11, 114:14, 114:21, 115:2, 115:6, 115:8, 115:10, 115:13, 115:20, 116:9, 116:13, 117:21, 118:13, 118:22, 118:24, 119:2, 119:8, 119:17, 119:22, 121:15, 122:23, 124:3, 124:16, 125:6, 125:11, 125:25, 126:17, 127:16, 127:23, 128:1, 128:7, 128:10, 129:3, 129:21, 130:3, 130:20, 130:22, 131:24, 132:5, 132:8, 133:3, 133:6, 133:7, 133:11court's [1] - 25:3
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Court's [11] - 3:14, 3:20, 114:25, 116:24, 117:5, 120:5, 120:22, 121:15, 128:20, 130:11court-appointed [2] - 11:15,
11:25courtesy [2] - 3:12, 92:16courtroom [5] - 22:4, 22:24,
53:9, 88:1, 127:12courts [2] - 25:24, 81:6cover [3] - 59:12, 59:14,
82:3cowardice [2] - 36:9, 123:14create [1] - 66:14created [4] - 65:17, 65:20,
65:21, 66:2creating [2] - 66:19, 126:3credibility [2] - 55:19, 65:8credit [8] - 30:18, 30:20,
31:16, 43:23, 43:24, 105:8, 105:9credits [3] - 64:8, 64:10,
66:21Credits [1] - 64:8crime [5] - 115:17, 115:18,
116:5, 116:21, 121:7crimes [2] - 109:16, 109:17criminal [7] - 47:13, 94:24,
118:5, 119:10, 119:12, 120:11, 129:6cross [2] - 55:23, 131:20Cross [10] - 8:3, 8:5, 37:4,
37:6, 73:16, 73:17, 87:20, 87:22, 108:6, 108:8cross-examination [2] -
55:23, 131:20Cross-examination [9] - 8:3,
8:5, 37:4, 37:6, 73:17, 87:20, 87:22, 108:6, 108:8cunning [1] - 111:14current [1] - 97:19custody [1] - 20:3customer [6] - 50:6, 51:2,
51:6, 51:7, 59:7, 59:11Customs [1] - 96:10cut [2] - 129:25, 132:20cuts [1] - 124:21
DD-1 [3] - 2:19, 93:6, 95:14daily [1] - 22:4Dakota [2] - 23:1, 130:5Dakotan [1] - 23:12danger [3] - 115:4, 120:17,
123:23Darlis [4] - 53:1, 53:9, 54:9,
54:22data [1] - 67:3date [5] - 46:3, 101:24,
103:10, 104:2, 106:8dated [1] - 103:4dates [1] - 106:19David [1] - 94:4days [4] - 86:3, 88:7,
129:16, 131:22de [1] - 24:21de-malkhuta [1] - 24:21deal [7] - 15:10, 26:22,
46:20, 91:21, 111:2, 122:19, 128:8dealing [1] - 15:16dealings [1] - 123:2dean [2] - 11:5, 11:7Dean [1] - 71:13Dear [1] - 122:6debt [1] - 59:15December [5] - 25:17, 25:19,
25:20, 25:21, 116:25decide [1] - 130:6decided [3] - 62:11, 62:12,
66:7decipher [2] - 38:23, 52:17decision [2] - 126:5, 128:25decline [1] - 127:23Decorah [3] - 29:22, 51:8,
57:15dedicated [1] - 123:11dedication [1] - 123:20Deegan [30] - 3:15, 8:4, 8:6,
8:24, 16:15, 37:4, 37:5, 37:7, 40:20, 41:3, 56:2, 68:16, 68:24, 69:19, 87:21, 87:23, 92:7, 95:7, 95:9, 95:15, 95:17, 95:19, 114:1, 124:3, 124:4, 128:19, 130:16, 131:17, 132:25, 133:2defend [2] - 20:18, 82:1defendant [16] - 3:6, 88:11,
88:17, 92:22, 100:7, 100:19, 100:24, 115:1, 115:23, 118:5, 124:6, 124:22, 125:9, 125:22, 125:25, 126:18Defendant's [3] - 16:14,
93:6, 117:14defendant's [4] - 94:23,
116:15, 125:5, 128:4defendants [1] - 120:23defender [1] - 78:14defense [10] - 8:22, 14:22,
16:21, 20:17, 21:6, 78:18, 82:15, 88:12, 124:12, 128:23Definitely [2] - 46:8, 84:8definitely [2] - 31:7, 45:5defraud [1] - 61:9degree [1] - 86:12deletions [5] - 99:1, 102:3,
103:25, 105:15, 106:17demonstrate [3] - 115:2,
117:12, 123:21
demonstrated [2] - 119:6, 121:12departed [1] - 107:3department [5] - 82:7, 97:6,
97:11, 100:8, 100:9Department [1] - 106:12departure [4] - 33:15, 99:20,
99:22, 100:20Departure [1] - 106:13deposit [5] - 51:8, 51:9,
57:15, 101:19, 103:2deposited [1] - 59:12deposits [5] - 58:8, 58:22,
59:20, 60:4, 60:13depth [1] - 81:11Des [2] - 6:5, 11:22describe [2] - 24:3, 50:19described [1] - 14:4describing [2] - 15:10,
50:18description [1] - 50:16descriptive [1] - 93:13desk [2] - 51:21, 52:2detail [1] - 127:1details [2] - 47:24, 90:24detained [2] - 5:7, 5:12detaining [1] - 124:22detention [7] - 3:5, 41:16,
99:9, 110:2, 114:3, 114:12, 116:12determine [1] - 107:24determined [1] - 5:15determining [1] - 120:15Detroit [1] - 14:7developed [2] - 11:2, 28:7developing [2] - 28:23development [1] - 119:1device [3] - 7:11, 20:4, 20:5dictates [1] - 120:5different [10] - 18:20, 18:23,
19:7, 22:8, 50:20, 67:3, 67:6, 79:18, 79:19, 93:16differently [1] - 47:14difficulty [1] - 130:25dina [2] - 24:21, 24:22Diners [1] - 30:23diplomatic [1] - 103:19direct [5] - 14:19, 43:16,
47:4, 48:5, 122:24Direct [5] - 4:14, 9:15, 70:18,
75:1, 96:3Directed [1] - 119:14directed [3] - 20:25, 56:3,
115:20direction [5] - 13:2, 51:11,
61:3, 87:14, 130:7directions [1] - 12:4directly [1] - 43:21director [1] - 84:1
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
5
discontinued [2] - 108:25, 109:4discovered [2] - 126:20,
126:21discrepancy [1] - 65:14discuss [2] - 65:24, 100:17discussed [5] - 46:20,
46:22, 99:19, 99:20, 100:18discussing [2] - 100:2,
100:3discussion [1] - 60:9discussions [3] - 18:10,
128:22, 128:23disgrace [2] - 36:8, 87:7dishonor [1] - 118:8distance [1] - 128:17diverted [6] - 50:6, 51:2,
51:4, 51:19, 59:7, 59:10divine [2] - 81:7, 81:22document [7] - 103:15,
103:16, 103:18, 103:20, 104:14, 106:19, 117:3documented [1] - 126:5documents [6] - 3:12, 3:17,
33:20, 55:8, 101:25, 111:19Doheny [3] - 63:19, 63:22,
66:20dollars [1] - 65:14donation [1] - 82:24donations [3] - 82:20, 83:4,
84:20done [15] - 17:22, 18:10,
24:10, 24:11, 24:13, 26:20, 33:9, 38:24, 39:11, 41:6, 47:2, 57:17, 59:13, 59:19, 125:15doubt [1] - 120:3down [17] - 9:5, 28:21,
30:10, 32:12, 42:1, 44:19, 50:13, 52:18, 69:21, 74:17, 84:17, 84:22, 87:17, 92:12, 113:25, 122:16, 132:20drag [1] - 40:22drawer [2] - 54:3drive [15] - 13:22, 49:14,
49:20, 50:1, 50:3, 50:5, 50:8, 50:11, 50:25, 51:3, 52:19, 88:22, 89:9, 90:15, 126:15drivers [3] - 13:20, 13:21drivers' [1] - 57:10drug [2] - 119:10, 119:11Dubuque [1] - 85:21duct [1] - 7:19due [1] - 32:6duly [5] - 4:10, 9:12, 70:10,
74:21, 95:24during [11] - 5:14, 7:13,
7:23, 22:3, 48:17, 86:3, 88:2, 93:22, 113:8, 124:11, 125:12duties [1] - 71:12
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Ee-mail [5] - 5:24, 33:2,
97:22, 97:23, 98:1e-mailed [1] - 3:12e-mails [6] - 3:16, 34:10,
92:22, 94:1, 117:12, 119:7early [1] - 49:4East [3] - 75:20, 75:21easy [1] - 59:5eating [1] - 27:4Eaton [2] - 62:4, 62:6echo [1] - 29:4education [1] - 82:7Education [6] - 74:3, 74:4,
74:5, 75:25, 76:2, 82:17Education's [1] - 74:9educational [3] - 74:12,
75:8, 118:23effect [1] - 130:9effort [1] - 88:10efforts [1] - 15:10eight [5] - 12:23, 23:20,
32:18, 106:7, 112:6eighteen [1] - 28:22either [15] - 10:3, 10:4,
10:16, 10:20, 12:1, 17:1, 33:24, 35:19, 43:17, 50:12, 84:13, 85:20, 118:24, 118:25, 132:12electronic [1] - 7:11eleven [1] - 69:25eliminated [1] - 32:6Eliyahu [1] - 11:8Elizabeth [8] - 38:17, 38:20,
40:11, 40:14, 41:6, 41:22, 42:7, 121:2elsewhere [1] - 30:15emergency [1] - 30:21employed [5] - 4:21, 96:8,
96:17, 97:3, 97:6employee's [1] - 101:13Employees [1] - 110:20employees [3] - 97:19,
110:21, 111:6employment [1] - 75:16end [4] - 36:25, 81:21,
82:23, 125:8Enforcement [1] - 96:10English [5] - 15:3, 16:2,
70:15, 71:14ensure [2] - 34:25, 128:4enter [1] - 35:9entered [2] - 94:21, 112:4entire [1] - 121:10entirely [1] - 40:20entities [1] - 80:2entrepreneur [1] - 29:15entries [1] - 104:11entry [2] - 112:10, 113:2
equal [1] - 131:23equities [2] - 93:4, 93:8equity [1] - 34:24especially [1] - 72:11essentially [1] - 111:1establish [2] - 10:21, 77:3established [3] - 82:13,
118:13, 118:20estate [1] - 45:17Ethical [1] - 78:6Europe [2] - 83:1Eve [1] - 132:14evening [1] - 3:13event [2] - 12:5, 80:16eventual [2] - 81:3, 81:4eventually [2] - 20:19, 29:8Evidence [2] - 41:16, 99:9evidence [32] - 3:8, 9:6,
51:1, 63:10, 63:21, 70:5, 94:19, 95:16, 114:4, 115:3, 115:8, 116:10, 116:14, 119:3, 119:7, 119:11, 119:24, 120:2, 120:3, 120:4, 120:11, 120:16, 123:20, 123:22, 125:21, 126:7, 126:13, 126:15, 127:24, 128:6, 130:21evidentiary [2] - 114:2,
114:6exact [3] - 61:5, 82:12, 86:6exactly [10] - 11:6, 12:10,
21:4, 39:17, 39:18, 42:15, 46:3, 51:5, 54:6, 66:6Examination [7] - 4:14, 9:15,
68:22, 70:18, 75:1, 96:3, 113:16examination [12] - 8:3, 8:5,
37:4, 37:6, 55:23, 73:17, 87:20, 87:22, 108:6, 108:8, 122:24, 131:20examined [5] - 4:11, 9:13,
70:11, 74:22, 95:25example [2] - 18:25, 121:17excitement [1] - 27:22excuse [2] - 64:21, 66:22Executive [1] - 76:3exhibit [10] - 99:18, 104:1,
104:10, 105:5, 106:17, 107:1, 107:2, 111:18, 112:13, 112:14Exhibit [54] - 2:12, 2:12,
2:13, 2:13, 2:14, 2:14, 2:15, 2:15, 2:16, 2:16, 2:17, 2:17, 2:18, 2:18, 2:19, 2:19, 2:20, 2:20, 14:19, 16:14, 16:18, 92:18, 92:21, 92:25, 93:2, 93:6, 93:11, 93:15, 93:24, 93:25, 94:4, 94:13, 99:16, 100:10, 101:5, 101:8, 102:11, 102:22, 103:15, 104:7, 104:9, 105:5, 105:21, 106:10,
106:11, 106:21, 106:24, 112:21, 117:14, 121:18, 121:23, 122:3, 122:25, 123:8exhibits [7] - 92:15, 95:3,
95:7, 102:3, 114:19, 123:21, 133:5Exhibits [7] - 2:10, 95:13,
98:16, 99:5, 99:11, 99:14, 102:9exists [2] - 76:15, 119:14exited [1] - 104:16exits [1] - 104:12expect [6] - 92:2, 92:3, 92:4,
128:24, 131:17expectation [1] - 119:25expenses [2] - 59:13, 82:4experienced [1] - 18:18experiences [2] - 81:12,
86:18explain [6] - 30:17, 40:5,
47:2, 47:24, 58:16explained [3] - 37:25, 57:16,
67:10explaining [1] - 40:1explanation [1] - 57:1exposed [1] - 126:12express [1] - 86:11Express [4] - 30:22, 30:23,
31:10, 105:9expressed [2] - 34:13, 81:12expressing [1] - 117:25extended [2] - 6:4, 118:22extra [2] - 58:24, 59:9eyes [1] - 123:15
Fface [1] - 36:4fact [13] - 58:13, 62:8, 77:2,
84:19, 88:21, 123:9, 124:6, 124:18, 124:24, 125:23, 127:2, 127:14, 128:25factor [3] - 117:7, 118:20,
125:6factors [6] - 94:25, 115:14,
115:17, 118:12, 119:9, 119:23facts [4] - 49:18, 115:11,
116:23, 128:9factual [1] - 61:15Fair [3] - 46:13, 98:24,
105:11fair [5] - 15:9, 50:17, 76:13,
111:10, 131:9faith [6] - 24:18, 76:11,
80:23, 81:11, 118:17, 119:4fake [3] - 53:3, 126:3,
126:13fall [8] - 7:12, 37:24, 38:10,
39:6, 59:21, 85:8, 109:15,
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
6
126:11falls [1] - 35:17Falls [6] - 49:17, 86:1, 88:8,
93:14, 117:6, 130:5falsely [1] - 110:7familiar [6] - 76:19, 77:2,
77:9, 84:22, 96:25, 104:19families [1] - 130:4family [40] - 15:14, 15:15,
17:14, 22:25, 23:1, 23:2, 26:13, 28:17, 72:15, 72:16, 76:20, 76:21, 76:23, 77:12, 77:19, 79:11, 79:12, 83:10, 86:10, 86:24, 88:15, 94:23, 106:2, 106:3, 118:12, 118:14, 118:17, 119:19, 121:19, 121:21, 122:10, 123:19, 124:18, 124:20, 124:24, 125:2, 125:24, 126:10, 127:22far [10] - 14:4, 24:16, 30:6,
39:5, 78:8, 78:9, 90:25, 91:23, 125:3, 125:9fashion [1] - 123:16faster [1] - 33:6fatalist [1] - 81:15father [7] - 26:3, 28:8, 78:18,
118:15, 122:17, 123:12, 124:19father's [1] - 124:10father-and-son [1] - 28:8favor [1] - 124:21faxed [1] - 68:13Fbi [3] - 55:5, 63:21, 65:9federal [2] - 78:20, 121:3Feller [1] - 23:9felony [2] - 90:22, 127:11felt [2] - 15:16, 85:15few [12] - 11:16, 13:23,
14:12, 31:14, 45:11, 53:6, 65:13, 72:11, 117:22, 121:17, 124:7, 131:22field [1] - 17:5fifteen [3] - 28:18, 81:17,
118:21fifteen-plus [1] - 28:18fight [3] - 36:8, 66:23,
127:18figure [7] - 28:21, 52:15,
77:15, 77:22, 86:11, 118:3, 119:18figured [1] - 66:8file [10] - 51:20, 53:24,
53:25, 55:10, 62:1, 62:14, 62:19, 62:25, 130:8, 132:23filed [1] - 114:23files [2] - 53:2, 63:17filing [1] - 129:19final [1] - 130:5finally [1] - 126:23
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Finally [1] - 122:25financial [7] - 16:21, 109:16,
115:18, 116:6, 116:7, 125:3, 125:4findings [1] - 94:22Fine [1] - 51:12fine [6] - 3:25, 9:2, 12:12,
114:11, 114:21, 129:3finger [1] - 76:13finish [2] - 40:24, 132:15fire [1] - 16:3First [2] - 13:20, 79:10first [28] - 3:10, 4:3, 4:10,
9:12, 13:19, 19:15, 22:25, 36:16, 48:17, 49:3, 52:13, 53:16, 70:10, 74:21, 80:17, 90:16, 91:11, 91:19, 94:6, 95:24, 117:5, 123:11, 129:20, 130:18, 131:2, 131:6, 131:22Fischels [8] - 2:7, 36:16,
95:20, 95:21, 95:23, 96:7, 104:8five [4] - 53:16, 81:17, 84:2,
85:18flat [1] - 60:7fled [1] - 112:7flee [18] - 34:14, 36:3, 69:15,
86:14, 87:9, 109:22, 115:3, 115:7, 115:9, 116:3, 116:18, 118:8, 120:16, 123:23, 124:23, 125:9, 128:6, 128:7fleeing [4] - 28:13, 28:15,
35:9, 120:21flight [8] - 94:10, 107:5,
122:2, 122:18, 123:10, 125:5, 127:17, 127:25flights [1] - 126:9Florida [1] - 58:25flowing [1] - 74:9flu [2] - 131:10, 131:12fluently [1] - 70:16flying [1] - 33:6focused [1] - 82:10folks [3] - 38:16, 39:7, 126:4follow [12] - 19:18, 19:22,
19:24, 22:20, 25:3, 35:25, 48:6, 50:14, 59:1, 87:16, 92:4, 100:11follow-up [1] - 100:11followed [3] - 12:3, 91:1,
123:5following [9] - 7:23, 21:3,
21:4, 21:19, 39:9, 39:10, 78:19, 114:24, 115:21followings [1] - 24:18follows [5] - 4:11, 9:13,
70:11, 74:22, 95:25food [6] - 76:24, 77:4, 84:24,
85:2, 85:4foot [1] - 20:6
force [1] - 130:9forces [1] - 15:19foreign [1] - 123:13foremost [1] - 123:11Forest [1] - 75:18forge [1] - 57:9forget [1] - 99:24Forget [1] - 86:23formed [2] - 78:22, 78:25forms [1] - 104:24forth [1] - 117:14fortunately [2] - 17:13,
17:15forty [1] - 23:5forward [2] - 9:10, 17:22founded [1] - 118:25four [6] - 4:23, 26:12, 83:11,
131:11, 131:16, 131:23fourteen [1] - 32:16fragments [1] - 18:20frame [2] - 12:24, 13:11framework [1] - 79:9Frankly [1] - 120:10frankly [5] - 115:6, 116:15,
117:21, 118:6, 130:25fraud [8] - 48:13, 48:17,
49:6, 91:18, 116:6, 117:4, 125:12, 126:12free [2] - 48:4, 121:4Freedom [3] - 45:14, 46:21,
107:8freezer [1] - 56:20frequent [1] - 5:23frequently [1] - 5:18friends [4] - 22:7, 28:24,
119:19, 122:10front [5] - 60:9, 60:24, 61:7,
64:24, 125:16fulfill [1] - 81:23full [8] - 4:16, 37:24, 38:2,
39:8, 39:14, 55:8, 75:3, 130:9full-time [4] - 37:24, 38:2,
39:8, 39:14fully [1] - 80:15fun [1] - 28:5functioned [1] - 43:6fund [4] - 8:21, 79:22,
101:13, 101:15fundraising [1] - 82:8funds [4] - 74:9, 78:17,
82:18, 82:19Furtherance [2] - 76:1, 82:17
Ggain [2] - 68:10, 121:20garnered [2] - 117:24, 118:9gather [1] - 126:5gathered [2] - 51:17, 89:4gathers [1] - 126:13
gears [3] - 14:17, 16:20, 26:2generally [1] - 7:4generated [1] - 64:4gentleman [3] - 11:7,
108:11, 108:16genuous [1] - 117:16Gidon [4] - 44:21, 45:7,
45:12, 45:16Gidon's [1] - 45:17girls [1] - 64:10girls' [1] - 76:9given [6] - 3:14, 34:17, 69:3,
103:20, 116:2, 120:17Glatt [2] - 63:24, 66:20glean [1] - 105:23global [2] - 65:1, 65:24God [2] - 69:9, 80:23God's [4] - 80:24, 81:2, 81:7,
81:18Good-bye [1] - 42:19goods [1] - 30:20Government [7] - 95:19,
98:15, 99:5, 101:7, 103:14, 105:4, 106:10government [17] - 3:4, 3:11,
17:2, 74:1, 92:17, 93:13, 95:16, 97:20, 99:4, 105:17, 106:20, 114:1, 116:14, 117:15, 117:19, 125:24, 127:23government's [2] - 130:21,
131:18Gps [3] - 6:8, 20:4, 20:5graduate [1] - 96:15Graduated [1] - 75:12graduating [1] - 76:11Graham [1] - 23:1grandchildren [2] - 26:6,
124:19grant [3] - 6:12, 69:9, 94:18granted [3] - 116:13,
119:22, 123:25grave [1] - 89:14great [1] - 77:8greater [1] - 125:9group [3] - 17:24, 79:8,
131:6groups [2] - 19:7, 80:2grow [1] - 17:8growing [1] - 17:9guess [9] - 6:25, 15:6, 16:5,
18:6, 31:21, 35:17, 57:17, 62:20, 132:8guided [1] - 115:11guidelines [2] - 123:4, 123:5guile [1] - 112:1guilty [5] - 53:7, 80:17,
120:24, 121:3, 121:8
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
7
guns [1] - 56:16Gurkov [9] - 2:5, 11:7, 70:7,
70:9, 70:21, 70:23, 88:5guy [3] - 44:20, 56:20, 65:10guys [6] - 53:15, 55:7, 63:4,
67:13, 97:24, 100:17
HHaas [1] - 133:8half [5] - 4:23, 15:5, 44:25,
122:11, 122:21Hamilton [12] - 49:13, 50:2,
51:1, 51:8, 51:18, 51:25, 52:5, 52:12, 57:14, 58:7, 58:21, 60:18Hamilton's [1] - 50:9hand [2] - 14:18, 95:22handcuffs [1] - 3:22Handing [5] - 98:15, 101:7,
103:14, 105:4, 106:10handshake [1] - 123:3handwritten [2] - 108:14,
108:17happy [5] - 3:7, 10:14,
27:11, 28:1, 28:2hard [7] - 3:11, 18:18, 20:14,
24:2, 55:4, 66:24, 89:1harder [1] - 27:13Hasidic [1] - 18:21Hasidis [1] - 10:20hat [2] - 51:23, 52:7hauling [1] - 17:8Haven [1] - 83:1hazard [1] - 6:25head [2] - 83:13, 83:16headed [2] - 13:9, 14:2heard [8] - 11:20, 41:24,
50:18, 53:12, 66:12, 66:15, 80:23, 116:3hearing [13] - 3:5, 41:16,
85:17, 85:22, 88:2, 93:22, 94:6, 94:16, 95:8, 99:9, 110:2, 114:3, 115:12Hebrew [4] - 15:4, 16:9, 72:4Hecht [10] - 2:6, 17:18,
17:23, 18:3, 18:14, 74:18, 74:20, 75:4, 93:1heighth [1] - 36:10held [3] - 44:1, 44:3, 94:16Hello [2] - 70:8, 74:19help [13] - 17:20, 34:2, 46:7,
72:21, 78:17, 79:9, 79:15, 82:1, 84:21, 88:14, 91:15, 101:1helped [1] - 100:24helping [2] - 79:23, 90:15helps [1] - 72:22Hendry [3] - 53:10, 54:9,
54:23
Appellate Case: 10-2487 Page: 141 Date Filed: 06/16/2011 Entry ID: 3798710
160 of 219
Hendry's [1] - 53:2Heshy [6] - 31:2, 43:17,
46:14, 46:19, 64:9, 66:23hide [3] - 67:23, 84:10,
118:7Hides [2] - 60:6, 60:7high [3] - 36:7, 75:10, 76:9highway [1] - 13:3Hills [1] - 75:18himself [5] - 31:23, 37:14,
58:11, 58:17, 65:10hire [1] - 40:2hired [1] - 30:6hiring [1] - 38:12history [8] - 75:16, 82:14,
94:24, 117:8, 119:4, 119:10, 119:12, 123:18hitting [1] - 46:2hold [4] - 30:20, 47:9, 56:15,
66:25holidays [1] - 20:9Holy [1] - 93:18home [12] - 10:2, 14:1,
19:20, 19:21, 27:2, 29:1, 35:7, 35:20, 99:21, 112:17, 112:23Homeland [1] - 106:13homes [3] - 34:24, 93:4,
93:9honest [1] - 117:18Honor [100] - 3:9, 3:19, 4:2,
4:6, 4:7, 8:2, 8:4, 8:25, 9:2, 9:7, 14:15, 16:10, 16:13, 16:16, 16:19, 25:14, 37:1, 37:5, 40:18, 40:21, 41:4, 41:13, 56:2, 68:17, 68:21, 69:19, 70:6, 70:13, 73:14, 74:13, 74:15, 87:18, 87:21, 92:8, 92:10, 92:13, 92:14, 93:22, 94:3, 94:12, 95:2, 95:5, 95:17, 98:13, 99:4, 99:7, 102:5, 102:7, 104:4, 105:17, 105:19, 106:20, 108:5, 108:7, 113:13, 113:15, 113:21, 114:1, 114:10, 114:17, 114:22, 115:15, 116:8, 116:11, 116:22, 117:8, 118:2, 118:11, 119:16, 120:1, 120:10, 120:18, 120:22, 121:9, 121:23, 122:3, 122:25, 123:7, 123:17, 123:24, 124:2, 124:4, 124:21, 125:8, 126:17, 126:23, 126:25, 127:5, 127:10, 127:12, 127:20, 128:3, 128:19, 129:13, 130:16, 131:17, 132:1, 133:2, 133:4, 133:10honor [2] - 87:4, 122:14honorable [1] - 117:18hook [1] - 53:19
hope [6] - 19:20, 47:8, 47:9, 69:12, 119:25, 131:20hopeful [4] - 21:7, 115:25,
131:1, 131:4hoping [2] - 47:18, 47:20Hosam [14] - 33:13, 33:22,
97:1, 97:15, 101:13, 102:20, 103:6, 103:12, 104:11, 104:15, 110:10, 111:11, 112:16, 126:8hotel [3] - 12:10, 23:6, 89:3hour [2] - 24:8, 27:4hours [6] - 11:16, 13:23,
39:14, 40:11, 83:8, 117:22house [1] - 35:5houses [1] - 17:7housing [2] - 17:10, 45:1humbled [1] - 35:1humbling [1] - 19:9humbly [1] - 18:16hundreds [2] - 31:9, 83:7Hundreds [1] - 82:11Hunt [18] - 37:17, 37:23,
38:10, 38:14, 38:20, 39:1, 39:3, 39:7, 39:14, 40:11, 61:18, 62:9, 62:16, 104:23, 108:24, 109:4, 113:18, 126:5hurt [5] - 22:2, 25:13, 29:2,
34:21, 35:4husband [2] - 122:17,
123:12
II-9 [1] - 104:23I-9s [4] - 61:19, 62:25,
113:18, 126:6Ice [5] - 55:9, 96:11, 96:12,
96:17, 103:16idea [6] - 7:3, 28:1, 32:20,
49:10, 54:4, 62:7ideas [1] - 79:19identifications [1] - 37:12identified [3] - 64:12,
111:18, 112:13identify [4] - 29:23, 37:12,
43:1, 93:24identity [1] - 117:3idiot [1] - 39:12Ids [7] - 29:23, 29:25, 38:17,
38:21, 38:22, 126:3Illinois [1] - 107:3imagination [1] - 123:11imagine [2] - 57:3, 87:11immediately [3] - 7:20,
32:12, 114:23Immigration [3] - 96:9,
96:13, 126:2immigration [3] - 25:18,
25:25, 108:2
impact [1] - 11:4impanelling [1] - 130:25imparted [1] - 108:22impartial [1] - 131:9importance [1] - 50:11important [6] - 28:10, 68:8,
86:23, 89:9, 118:17, 128:8importantly [2] - 79:10,
123:15impossible [3] - 41:21, 42:6,
42:8improper [1] - 41:14inception [1] - 96:12inclination [1] - 11:2included [1] - 117:11including [5] - 93:5, 109:16,
118:15, 121:1, 123:18Including [1] - 109:20inconsistent [1] - 127:2Incorporated [1] - 97:7increase [1] - 45:17incriminate [1] - 126:6Index [1] - 2:1indicated [2] - 115:23, 120:8indicating [1] - 122:6indictment [2] - 9:21,
125:14individual [4] - 81:25, 82:20,
97:21, 104:23individuals [3] - 92:22, 93:3,
110:11informants [1] - 110:18information [6] - 51:6,
104:8, 104:10, 104:11, 108:21, 110:14Information [1] - 106:13innocence [1] - 117:2innocent [5] - 21:7, 21:25,
47:6, 47:8, 117:4inspired [2] - 23:7, 27:6instead [2] - 17:9, 45:15Institute [1] - 26:16institutions [2] - 118:23,
119:1instructions [4] - 129:1,
129:10, 129:16, 130:19instrumental [1] - 118:25integrity [1] - 122:14intend [2] - 3:23, 121:14intended [1] - 29:21intends [1] - 115:23intent [1] - 61:9intention [2] - 20:16, 115:21intentioned [1] - 117:17intentions [5] - 19:15,
19:18, 24:25, 68:25, 119:14interest [3] - 33:5, 84:14,
85:15interested [8] - 15:21,
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
8
17:19, 18:12, 33:3, 49:22, 49:23, 53:17, 132:16interesting [2] - 60:8, 60:10international [2] - 7:5, 14:5interview [1] - 108:11invested [1] - 122:11investigate [1] - 105:1investigation [3] - 102:1,
109:17, 111:5invoices [13] - 53:3, 54:7,
54:8, 54:10, 54:22, 55:4, 56:12, 57:5, 64:7, 64:12, 64:16, 66:8, 126:13involve [1] - 72:21involved [18] - 10:18, 11:10,
26:18, 38:1, 44:17, 72:11, 78:3, 78:5, 78:17, 79:17, 79:21, 82:7, 88:10, 111:5, 111:9, 114:13, 121:6, 124:12involvement [8] - 30:14,
30:16, 33:13, 33:14, 33:17, 72:17, 119:3, 126:3Iowa [11] - 12:18, 13:9,
13:16, 25:24, 71:6, 71:7, 80:9, 87:1, 96:18, 124:8, 131:4Iran [1] - 75:21Iraq [1] - 75:21Israel [24] - 15:4, 29:10,
75:14, 83:17, 83:22, 84:1, 98:5, 100:5, 100:14, 100:20, 100:23, 101:5, 104:12, 104:15, 104:16, 104:17, 106:4, 107:15, 111:15, 111:20, 111:22, 111:24, 112:8, 112:9Israeli [2] - 15:7, 16:7issue [7] - 33:25, 55:20,
62:6, 64:8, 114:12, 115:5, 128:11issues [9] - 15:13, 15:16,
20:23, 21:21, 99:12, 114:13, 120:19, 120:20, 128:8Italy [1] - 103:17itself [3] - 18:23, 105:22,
119:17
Jjail [1] - 5:11January [9] - 5:11, 9:24,
9:25, 11:11, 36:2, 94:16, 95:1, 119:22, 120:14Jay [2] - 62:4, 62:5jeopardize [1] - 35:19jeopardy [2] - 35:5, 122:1Jersey [2] - 14:10, 14:11Jewish [30] - 14:21, 15:3,
15:7, 15:25, 16:12, 17:16, 18:19, 19:7, 20:9, 22:5, 23:1,
Appellate Case: 10-2487 Page: 142 Date Filed: 06/16/2011 Entry ID: 3798710
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24:6, 74:1, 75:24, 76:1, 76:14, 77:8, 77:9, 77:23, 78:9, 79:14, 80:19, 82:17, 83:14, 84:12, 85:19, 118:6, 119:20, 121:10, 122:1Jewry [1] - 86:23Jews [7] - 28:25, 75:19,
83:12, 83:15, 83:18, 84:4, 85:1jews [1] - 28:25Jfk [1] - 14:11job [3] - 12:15, 30:10, 43:10jobs [1] - 111:7John [1] - 67:14Jordan [1] - 104:18Judaism [1] - 18:25Judge [4] - 94:7, 94:17,
113:23, 122:6judge [3] - 39:19, 92:3,
129:8judicial [1] - 94:22Jump [1] - 42:1jumped [1] - 39:11June [3] - 103:4, 103:10,
107:4jurisdiction [8] - 28:14,
33:14, 34:15, 36:3, 86:15, 87:9, 116:4, 116:19jurors [3] - 131:6, 131:9,
132:16jury [13] - 20:21, 60:9, 60:24,
61:8, 62:8, 117:6, 120:12, 121:7, 125:16, 129:1, 130:18, 131:1, 131:9jury's [5] - 19:14, 20:2,
21:11, 21:18, 114:24justice [2] - 36:24, 126:22
Kkeep [3] - 27:23, 44:18,
78:11Kelton [1] - 4:4Kept [1] - 103:23kept [4] - 12:9, 12:24, 20:8,
91:24Kermit [1] - 44:23kid [3] - 27:7, 27:24, 28:12kids [1] - 10:4kill [3] - 30:9, 32:6, 32:11killed [1] - 129:22kind [5] - 23:6, 93:23, 111:2,
129:6, 129:11Knowing [1] - 86:9knowing [7] - 21:9, 40:15,
41:22, 42:7, 111:15, 112:3, 129:4knowledge [3] - 41:6, 73:1,
110:17known [12] - 15:24, 16:11,
76:25, 77:10, 77:19, 77:25, 78:2, 78:4, 85:4, 101:15, 116:17, 118:5knows [6] - 9:17, 18:19,
25:11, 41:17, 55:9, 116:2Kosher [1] - 78:10kosher [5] - 76:23, 77:4,
84:24, 85:2, 85:4Kruckenberg [8] - 45:14,
46:20, 107:8, 107:11, 107:12, 107:18, 107:22, 107:25Kupczyk [2] - 30:24, 43:1
Llack [1] - 22:23lading [8] - 53:2, 56:8,
56:18, 56:22, 56:25, 57:5, 57:12, 126:14Laguardia [1] - 14:13laid [1] - 59:2land [2] - 24:22language [1] - 59:11large [5] - 83:3, 119:19,
124:25larger [1] - 119:4largest [3] - 15:2, 15:7,
83:23last [24] - 3:13, 5:12, 32:2,
34:17, 45:20, 52:4, 72:11, 74:6, 82:3, 83:8, 85:17, 85:22, 86:19, 87:2, 89:11, 89:18, 90:22, 96:5, 97:3, 112:20, 129:15, 131:5, 131:12, 132:2late [1] - 109:13Laura [17] - 38:19, 38:25,
39:3, 41:9, 41:12, 41:19, 41:23, 61:19, 61:23, 62:14, 62:22, 62:23, 62:24, 63:6, 63:9, 63:17law [15] - 24:22, 35:21,
35:25, 36:13, 47:25, 49:1, 73:24, 74:1, 84:17, 90:21, 115:11, 123:6law-abiding [1] - 73:24laws [1] - 73:25lawyer [1] - 79:23lawyers [12] - 5:25, 10:6,
10:7, 11:22, 12:7, 12:20, 20:24, 34:7, 80:4, 90:14, 90:15, 122:10lay [2] - 50:13, 54:17leader [3] - 17:24, 85:7,
85:12leaders [2] - 85:19, 86:23leadership [1] - 119:5leading [1] - 89:3Leah [2] - 26:17, 121:18leaning [1] - 131:11
learn [5] - 11:3, 20:23, 72:3, 74:1, 106:25learned [4] - 29:23, 80:18,
80:20, 126:2learning [4] - 27:12, 35:16,
71:18, 72:22least [5] - 17:20, 27:3,
32:13, 76:14, 90:25leave [16] - 12:8, 12:23,
13:9, 30:11, 31:18, 33:8, 34:4, 36:9, 36:15, 42:11, 42:14, 52:9, 99:24, 121:19, 124:20leaving [7] - 33:14, 33:17,
42:10, 42:12, 44:7, 44:10, 46:8lecture [3] - 71:23, 71:25,
72:2lectures [2] - 71:15, 71:17lecturing [2] - 71:18, 71:20Lee [1] - 60:5left [25] - 13:7, 13:15, 16:25,
17:5, 17:13, 29:9, 30:10, 31:17, 31:23, 32:5, 32:8, 32:10, 42:17, 45:23, 46:23, 51:21, 51:22, 52:1, 52:2, 107:5, 112:6, 112:8, 112:21, 125:17, 126:9legal [34] - 15:13, 17:20,
17:21, 18:6, 18:8, 20:17, 20:23, 21:6, 21:10, 21:13, 21:21, 51:5, 59:11, 79:9, 79:10, 79:16, 79:18, 79:19, 79:20, 79:24, 79:25, 80:2, 80:6, 81:5, 82:3, 82:15, 90:13, 91:21, 115:24, 120:20, 122:19length [1] - 118:19less [2] - 17:10, 129:20lesson [1] - 23:4letter [16] - 19:19, 31:11,
82:23, 82:24, 83:16, 83:19, 84:1, 94:4, 94:8, 109:8, 121:18, 122:4, 122:7, 122:25, 123:6, 123:8letters [23] - 3:16, 3:17,
34:10, 34:12, 83:5, 83:11, 84:2, 85:18, 87:8, 92:19, 93:3, 93:16, 93:23, 94:1, 109:11, 117:11, 117:20, 119:6, 121:12, 121:16, 121:17, 124:20letting [1] - 126:20Lev [1] - 123:8level [1] - 75:11leveled [1] - 69:7leverage [1] - 45:17Levi [3] - 100:4, 100:6, 100:7Levin [1] - 11:9license [1] - 13:22
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
9
Lie [1] - 42:2lied [2] - 55:20, 56:3life [13] - 25:8, 35:2, 73:6,
73:7, 73:8, 73:10, 73:12, 73:13, 81:2, 118:16likelihood [1] - 127:14likely [6] - 80:16, 115:3,
115:6, 115:9, 120:16, 123:22limine [1] - 130:11limited [1] - 70:15Lindsay [5] - 2:3, 4:4, 4:9,
4:18, 12:24line [6] - 29:14, 40:22,
43:22, 89:22, 131:18, 132:20lip [1] - 81:9Lipshitz [1] - 17:18list [1] - 132:2listen [1] - 92:3listening [2] - 54:2, 65:2listing [2] - 93:2, 93:7litigated [1] - 25:18live [4] - 20:19, 35:24, 48:1,
71:3lived [2] - 28:17, 87:2lives [2] - 84:15, 84:18living [1] - 80:19loan [1] - 59:1local [2] - 88:18, 118:23locked [2] - 54:2, 54:3look [8] - 33:20, 49:21,
63:17, 89:5, 99:17, 116:9, 126:4, 130:11looked [2] - 56:12, 83:8Looking [4] - 99:16, 102:11,
102:24, 117:7looking [5] - 45:3, 45:9,
65:25, 103:7, 115:16looks [4] - 21:3, 40:4,
115:13, 132:13loose [1] - 7:11loss [1] - 50:20lost [3] - 30:10, 32:16,
131:12Lotus [1] - 63:24love [1] - 27:15loving [1] - 123:12loyalty [1] - 121:20Lubavitch [3] - 18:25, 76:10,
78:24lucked [1] - 131:12lying [1] - 55:22
Mma'am [2] - 4:19, 8:7magazine [3] - 14:25, 15:1,
15:3magic [1] - 26:20Magistrate [2] - 94:7, 94:17magnitude [1] - 87:6
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mail [5] - 5:24, 33:2, 97:22, 97:23, 98:1mailed [1] - 3:12mails [6] - 3:16, 34:10,
92:22, 94:1, 117:12, 119:7malfunction [1] - 7:16malkhuta [1] - 24:21man [13] - 25:6, 26:3, 82:1,
89:23, 121:25, 122:8, 122:13, 122:15, 122:18, 123:12, 127:5, 127:8, 128:5man's [1] - 123:17managerial [1] - 42:25manner [3] - 6:20, 6:22,
127:7March [5] - 62:2, 98:20,
99:17, 100:11marked [8] - 14:18, 93:6,
94:4, 98:15, 101:7, 103:14, 105:4, 133:5married [1] - 26:3marshaled [1] - 116:15Marshals [1] - 3:21Massachusetts [1] - 26:21matter [7] - 3:20, 37:8, 69:2,
89:24, 89:25, 114:5, 116:3matters [2] - 79:25, 114:5meal [3] - 23:8, 23:10, 23:11mean [22] - 9:24, 14:7, 14:8,
16:1, 30:12, 30:17, 36:10, 40:15, 54:4, 61:5, 61:13, 61:25, 64:6, 65:9, 65:14, 68:3, 68:4, 84:13, 86:20, 89:8, 90:11, 125:1means [4] - 48:1, 48:3,
53:25, 125:5meant [1] - 61:9meat [1] - 77:25meet [2] - 11:22, 89:16meeting [2] - 90:3, 90:5Melbourne [3] - 84:18,
84:19, 84:20meltdown [1] - 132:19Meltzer [3] - 58:11, 121:1,
121:6members [2] - 78:23, 106:2memo [1] - 124:6memory [2] - 32:13, 89:15men [1] - 24:13Menachem [3] - 73:20,
73:21, 89:15Mendy [1] - 123:1mental [1] - 87:14mention [1] - 12:17mentioned [6] - 32:5, 36:19,
77:17, 112:19, 116:20, 120:18mentioning [1] - 80:2mentor [1] - 72:12mere [1] - 35:6
messages [1] - 5:24messenger [1] - 57:17met [1] - 8:21metropolitan [1] - 76:16Michael [3] - 2:7, 95:23,
96:7microchip [1] - 51:21microphone [1] - 70:22Middle [3] - 75:20, 75:21midwest [1] - 28:19might [2] - 3:23, 91:15Mike [5] - 36:16, 45:14,
46:20, 95:20, 107:8miles [3] - 14:12Miller [1] - 44:23million [3] - 15:6, 83:12,
83:15mind [6] - 31:8, 31:25, 33:6,
35:9, 36:6, 126:21ministering [1] - 22:23Minnesota [3] - 22:13, 23:9,
28:19minute [1] - 128:13minutes [4] - 14:14, 23:5,
24:8, 69:25misconstrue [1] - 25:2Mishpacha [1] - 14:25misnomer [1] - 43:9mission [2] - 81:20, 81:22mistake [3] - 36:13, 36:14mistakes [1] - 47:12Mitch [7] - 43:12, 54:14,
58:10, 58:20, 58:24, 121:1, 121:5Mitchell [5] - 51:11, 59:18,
60:21, 60:22, 61:4Moines [2] - 6:5, 11:22moment [4] - 14:17, 25:14,
40:17, 127:9Monday [2] - 5:19, 130:23Monday's [1] - 129:24Mondays [1] - 24:9money [18] - 17:12, 17:13,
33:18, 34:3, 34:4, 57:19, 59:15, 63:24, 64:11, 66:7, 66:24, 79:11, 79:15, 82:3, 84:19, 88:11, 90:19monies [1] - 81:25monitoring [3] - 7:11, 20:4,
20:5monopolize [2] - 44:22, 45:3month [1] - 33:21months [6] - 53:16, 62:10,
108:25, 109:4, 112:6, 120:2Monty [2] - 12:6, 65:3Mordechai [6] - 4:25, 9:19,
72:9, 77:22, 80:14, 82:11morning [9] - 8:7, 8:8, 10:4,
23:18, 24:6, 69:24, 87:24,
87:25, 89:4mortgage [1] - 3:16Moshe [4] - 26:7, 26:10,
27:5, 121:22most [10] - 15:21, 18:12,
75:17, 79:10, 86:23, 118:17, 123:14, 123:16, 125:14, 127:18Most [1] - 22:6mostly [1] - 78:23motion [2] - 20:24, 115:20Motion [1] - 119:13motions [3] - 21:2, 130:6,
130:11motivation [2] - 124:24,
125:16motive [1] - 125:9move [2] - 29:5, 87:13moved [3] - 28:21, 54:3,
54:4Movement [1] - 83:17moving [1] - 63:18multiple [4] - 54:16, 104:17,
105:25, 112:8multitude [1] - 14:9Munkatcher [3] - 85:10,
85:11Mushka [1] - 23:13must [3] - 15:6, 31:22, 32:15
Nname [14] - 4:16, 9:18,
11:13, 23:13, 26:15, 31:10, 44:23, 70:20, 73:19, 75:3, 76:19, 96:5, 103:3, 113:6names [3] - 32:9, 80:3, 86:7nation [1] - 122:1national [2] - 83:23, 88:18National [4] - 75:25, 76:1,
76:5, 82:16Naturalization [1] - 96:14nature [1] - 6:16Ncfje [1] - 76:7nearly [1] - 59:19necessarily [1] - 59:22necessary [2] - 79:14,
132:15need [5] - 34:3, 72:20,
130:15, 131:7, 132:12needed [13] - 5:20, 5:22,
10:5, 11:17, 23:12, 29:20, 30:2, 31:3, 43:12, 43:13, 51:16, 66:7needs [1] - 26:7negotiate [1] - 111:1neighbor [1] - 20:10nephew [1] - 84:16Nevel [7] - 11:14, 44:17,
45:6, 45:16, 46:12, 46:13,
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
10
107:20never [31] - 13:1, 17:11,
19:10, 20:6, 20:12, 24:24, 25:7, 25:12, 25:13, 29:21, 34:4, 34:21, 35:4, 35:8, 35:19, 36:7, 36:9, 36:11, 38:22, 45:6, 52:16, 77:5, 82:9, 89:13, 89:18, 121:19, 121:25, 122:15, 124:20nevertheless [1] - 116:20new [4] - 5:8, 126:3, 129:12,
130:12New [36] - 6:18, 6:23, 7:2,
7:4, 7:8, 7:14, 8:22, 12:20, 12:25, 13:5, 13:8, 13:17, 13:24, 13:25, 14:3, 14:10, 14:11, 22:12, 22:13, 58:25, 75:18, 76:15, 76:16, 76:22, 77:1, 77:10, 77:16, 77:19, 78:23, 78:25, 80:19, 83:1, 89:12, 89:17next [6] - 7:21, 16:5, 83:24,
130:23, 131:8, 132:15nice [1] - 23:10night [6] - 10:5, 13:10, 23:4,
34:17, 52:8, 90:3Nisren [2] - 103:3, 103:5non [1] - 28:25non-jews [1] - 28:25normal [1] - 103:23notebook [1] - 34:9notes [6] - 108:14, 108:17,
108:19, 108:20, 108:21noteworthy [3] - 94:25,
116:11, 118:1Noteworthy [2] - 115:16,
116:22nothing [12] - 28:16, 33:7,
36:22, 46:4, 48:23, 53:25, 62:19, 67:10, 69:5, 74:11, 113:12, 123:14Nothing [4] - 56:22, 74:11,
108:4, 113:21notice [1] - 94:22noting [1] - 103:2notion [1] - 35:6notoriety [1] - 78:13notwithstanding [1] - 117:4November [2] - 49:4, 55:12Number [4] - 82:4, 82:5,
116:5, 116:8number [34] - 3:3, 10:23,
15:5, 15:6, 20:10, 22:3, 25:17, 29:19, 30:4, 32:23, 34:13, 34:16, 34:17, 34:19, 34:23, 35:10, 43:24, 43:25, 58:14, 59:4, 59:9, 59:16, 60:8, 63:23, 65:8, 82:12, 82:20, 92:15, 93:25, 98:3, 103:3, 104:3, 120:23, 129:16
Appellate Case: 10-2487 Page: 144 Date Filed: 06/16/2011 Entry ID: 3798710
163 of 219
numbers [7] - 52:15, 52:16, 58:18, 58:19, 58:20, 64:1, 106:19numerous [1] - 11:23
Oo'clock [2] - 12:23, 23:20oath [6] - 32:14, 55:20, 56:4,
61:15, 65:12, 126:24obey [1] - 73:25object [2] - 40:18, 41:13Objection [1] - 99:6objection [7] - 16:16, 95:6,
95:9, 102:7, 104:5, 105:19, 106:22Objection's [1] - 99:8obligations [4] - 19:16,
24:17, 69:1, 120:6obstruct [1] - 126:22obtain [1] - 78:13obtained [1] - 101:25obvious [1] - 53:17obviously [1] - 17:10occasion [2] - 97:14, 105:1occasions [3] - 6:14, 11:23,
12:19occur [1] - 24:3occurred [4] - 22:23, 23:17,
108:1, 120:14occurring [1] - 32:7ocean [1] - 110:15October [3] - 5:5, 109:24,
110:8odd [3] - 59:25, 60:5, 60:6offense [2] - 127:10, 127:11offenses [3] - 25:18, 116:7,
121:3offer [7] - 3:8, 16:10, 16:13,
92:14, 102:5, 104:4, 132:3offer-of-proof [1] - 132:3offered [5] - 35:3, 35:11,
94:13, 95:4, 114:20offering [2] - 93:3, 93:17offers [3] - 99:4, 105:17,
106:21Office [1] - 103:17office [16] - 7:21, 40:14,
43:25, 51:23, 61:22, 62:18, 63:3, 67:12, 67:17, 67:18, 68:2, 83:9, 89:13, 89:19, 107:19, 128:22officer [4] - 4:20, 11:21,
20:14, 120:8official [2] - 23:22, 46:4officials [1] - 97:21often [1] - 80:21old [2] - 27:18older [2] - 11:7, 11:8Once [1] - 55:9
once [1] - 85:16One [3] - 20:12, 25:14,
109:13one [41] - 7:5, 7:13, 10:16,
23:3, 23:7, 23:11, 32:12, 33:1, 36:14, 38:25, 45:20, 51:14, 57:14, 57:17, 59:17, 59:18, 59:20, 61:18, 66:13, 72:14, 72:16, 72:23, 78:3, 82:15, 82:22, 83:22, 87:15, 96:20, 105:25, 108:18, 109:15, 127:21, 127:22, 129:5, 129:19, 131:12one-on-one [1] - 10:16one-on-ten [1] - 10:16ones [1] - 130:13ongoing [1] - 80:13open [1] - 39:3openings [1] - 130:20opinion [1] - 86:11opinions [2] - 117:25, 118:3opportunity [3] - 20:23,
34:11, 116:2option [1] - 126:19Options [1] - 26:16options [1] - 126:1order [6] - 13:10, 24:24,
44:18, 45:3, 94:7, 94:17ordered [1] - 86:16orders [7] - 19:17, 24:19,
25:4, 56:20, 120:5, 130:12ordinary [2] - 32:1, 33:9ordination [1] - 75:12organization [2] - 82:6,
82:14Organization [1] - 75:25organizations [1] - 83:24oriented [1] - 83:23original [2] - 63:12, 110:1originally [1] - 71:4originals [1] - 3:13Orthodox [5] - 18:22, 83:13,
83:14, 83:20ought [3] - 125:6, 128:24,
130:7out-of-state [1] - 8:9outside [7] - 11:25, 12:18,
14:6, 15:19, 22:23, 79:16, 88:3overlap [2] - 113:3, 113:9overruled [1] - 99:8overseas [1] - 84:13overwhelming [1] - 128:6owed [4] - 64:17, 64:23,
65:18, 67:4owes [3] - 63:24, 65:11,
65:13own [7] - 46:13, 46:16,
46:17, 62:11, 121:3, 121:6, 121:20
owned [2] - 17:5, 45:2ownership [1] - 46:15
Ppackage [1] - 31:21page [2] - 14:20, 105:13Page [14] - 99:17, 99:20,
100:1, 100:16, 101:2, 112:14, 112:20, 112:21, 113:1, 121:18, 121:24, 122:4, 123:1, 123:7pages [1] - 31:9paid [6] - 30:8, 31:15, 32:3,
57:23, 63:19, 64:3pain [1] - 27:25paper [5] - 15:8, 16:7, 30:20,
64:24, 65:25papers [2] - 44:17, 55:8paperwork [1] - 92:1parental [1] - 123:16parents [1] - 12:22Park [4] - 12:22, 30:24,
30:25, 85:13part [24] - 18:24, 24:10,
24:11, 31:21, 46:19, 55:6, 66:19, 66:25, 67:17, 73:6, 74:12, 81:7, 90:17, 90:18, 94:19, 117:1, 119:7, 121:19, 121:24, 123:1, 123:8, 124:25particular [2] - 33:4, 121:21particularly [2] - 121:5,
129:5particulars [2] - 88:25, 89:1parts [2] - 18:21, 18:23passed [5] - 7:1, 14:7, 14:8,
23:11Passover [1] - 46:5passport [1] - 104:3past [1] - 122:20patriarch [1] - 77:18pay [3] - 59:15, 66:20, 79:23paying [4] - 32:25, 90:14,
126:9payment [1] - 66:25payments [2] - 50:6, 51:2payroll [15] - 29:18, 30:7,
37:17, 37:24, 38:2, 38:10, 38:14, 38:20, 39:1, 39:4, 39:7, 39:14, 40:11, 108:24, 109:4peace [1] - 31:8penalties [1] - 80:16pending [11] - 19:13, 25:23,
36:4, 92:19, 92:23, 93:19, 94:9, 115:19, 119:13, 121:4, 123:25Pennsylvania [2] - 63:8,
63:13people [64] - 17:10, 17:16,
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
11
17:19, 22:5, 22:10, 22:21, 23:8, 24:13, 24:14, 25:2, 25:12, 28:24, 30:2, 31:23, 32:18, 34:2, 34:7, 34:13, 34:17, 34:19, 34:21, 34:23, 35:5, 37:16, 37:23, 39:1, 39:4, 39:13, 39:24, 40:10, 44:19, 53:6, 63:21, 73:25, 77:1, 78:2, 78:3, 79:8, 79:17, 79:18, 82:21, 82:25, 83:1, 83:12, 83:21, 85:18, 85:24, 86:2, 86:7, 86:19, 86:21, 87:2, 87:7, 88:22, 89:2, 90:3, 90:12, 90:14, 117:25, 131:7People [1] - 78:6percent [4] - 46:14, 46:16,
46:17, 80:25perception [1] - 116:16perhaps [5] - 84:25, 118:2,
130:19, 131:19, 131:23period [11] - 5:4, 5:8, 5:14,
7:24, 9:20, 30:11, 44:24, 48:17, 104:12, 104:24, 125:12permission [9] - 3:21, 5:21,
6:9, 6:12, 10:6, 11:21, 12:19, 31:5, 31:19permit [1] - 3:24person [14] - 17:24, 35:1,
35:6, 47:7, 50:19, 73:7, 73:12, 77:19, 80:23, 81:10, 85:14, 111:4, 117:9, 123:18person's [1] - 36:6personal [4] - 30:18, 59:13,
85:14, 86:12personally [5] - 52:6, 77:12,
80:10, 85:9, 123:9persons [6] - 14:6, 15:25,
22:4, 23:18, 115:4, 121:13perspective [1] - 17:21Peta's [1] - 78:14phenomenal [2] - 18:17,
25:1phone [5] - 94:8, 97:25,
98:6, 98:20, 107:11phones [1] - 20:9phonetic [1] - 19:3physically [3] - 41:21, 42:6,
42:8pick [2] - 22:17, 131:9picked [3] - 31:23, 36:16,
89:8picking [1] - 130:18picture [1] - 60:3Pidyon [4] - 79:2, 79:3, 79:6,
79:7pieces [1] - 45:11pile [1] - 84:3piled [1] - 128:16pilgrimage [2] - 89:14,
Appellate Case: 10-2487 Page: 145 Date Filed: 06/16/2011 Entry ID: 3798710
164 of 219
89:21pill [1] - 26:20pink [1] - 29:25place [4] - 14:13, 19:8,
52:13, 55:6placed [4] - 3:13, 37:23,
87:5, 120:6places [5] - 84:23, 84:25,
88:22, 93:17, 119:21plan [3] - 81:7, 130:22,
131:16plane [1] - 100:25plans [3] - 12:2, 36:3,
132:10plant [2] - 29:20, 40:13play [3] - 26:23, 28:6playroom [1] - 26:24pleas [1] - 121:4pled [2] - 53:6, 120:24pledged [1] - 34:24plenty [4] - 29:25, 59:23,
59:24plus [1] - 28:18pocket [1] - 44:5point [11] - 29:6, 32:19,
33:4, 35:3, 45:13, 62:13, 64:10, 79:11, 107:14, 121:14, 121:16pop [1] - 101:15pose [2] - 115:3, 123:23poses [1] - 120:17position [5] - 17:2, 29:9,
32:6, 76:25, 97:8positive [2] - 47:7possession [1] - 108:20possibility [2] - 21:24, 47:5possible [4] - 26:19, 73:9,
87:16, 128:12possibly [1] - 43:17post [1] - 118:10post-trial [1] - 118:10postgraduate [1] - 75:13Postville [18] - 7:1, 7:14,
9:23, 10:10, 10:12, 28:18, 30:15, 44:18, 45:1, 45:18, 71:6, 71:7, 71:10, 87:1, 110:12, 118:21, 119:3, 124:8potential [2] - 80:15, 109:16poultry [3] - 97:6, 97:10,
100:9Powerpoint [1] - 93:12practice [1] - 31:13practices [2] - 8:13, 8:16pray [2] - 12:21, 22:1prayer [8] - 6:18, 8:15,
23:12, 23:15, 23:16, 23:22, 24:4, 24:6prayers [1] - 23:22praying [2] - 10:3, 24:8
predate [1] - 120:13preferred [2] - 12:1, 40:6preliminarily [1] - 3:10preliminary [2] - 3:20,
130:19premarked [1] - 92:15prepare [2] - 72:1, 108:10prepared [2] - 6:5, 98:11preparing [4] - 73:22,
124:12, 125:13, 129:2present [4] - 20:22, 24:4,
88:1, 110:4presented [6] - 37:14,
114:6, 115:12, 117:10, 119:24, 123:20pressure [1] - 22:16presumed [1] - 117:4presumption [1] - 117:2pretrial [9] - 48:17, 49:7,
49:13, 50:1, 91:10, 91:18, 118:9, 129:24, 130:5pretty [1] - 11:4previous [3] - 114:2, 115:12,
116:12previously [12] - 93:12,
94:3, 94:5, 94:15, 118:13, 118:20, 118:24, 119:2, 125:11, 126:1, 127:4, 127:16principal [1] - 11:1print [4] - 15:4, 15:7, 16:2printed [1] - 14:25printoff [1] - 106:12prison [6] - 47:18, 47:20,
48:2, 48:3, 125:19, 125:24probation [3] - 4:20, 11:21,
120:8problem [6] - 20:6, 20:12,
20:13, 61:25, 117:16problem-solver [1] - 117:16problems [4] - 7:22, 17:17,
91:10, 120:9procedure [2] - 59:2, 59:3proceed [4] - 3:1, 18:10,
70:4, 114:21proceeding [1] - 15:24proceedings [5] - 25:10,
69:2, 81:5, 86:15, 128:5Proceedings [1] - 133:12process [5] - 3:24, 20:17,
41:21, 62:2, 62:5product's [1] - 56:19profession [2] - 4:19, 75:5projects [1] - 82:16prominent [6] - 76:22, 80:3,
85:12, 85:25, 86:7promising [1] - 15:20pronounce [1] - 122:5proof [2] - 36:20, 132:3properly [3] - 82:19, 90:16
properties [7] - 44:8, 44:18, 44:24, 45:22, 45:25, 46:11, 107:19Properties [4] - 44:17,
46:12, 46:13, 107:20property [4] - 29:16, 44:1,
45:11, 107:17proposal [1] - 129:18provide [3] - 6:6, 79:24,
125:4provided [6] - 81:25, 92:16,
93:21, 97:22, 98:2, 108:18providence [2] - 80:25, 81:3provides [1] - 104:10providing [1] - 88:14provisions [4] - 19:16,
19:22, 69:1, 120:6psalms [1] - 23:21public [6] - 43:25, 77:15,
77:22, 86:10, 118:3, 119:18publication [1] - 14:21publicity [1] - 131:3pull [1] - 57:15pulled [1] - 55:7pulling [1] - 27:16pulse [1] - 76:14punishment [2] - 47:15,
48:2punitive [2] - 128:4, 128:8purchase [2] - 100:25, 106:8purchased [2] - 43:23,
106:5purchases [1] - 105:25purchasing [1] - 43:20purpose [1] - 67:22purposes [6] - 6:23, 8:10,
8:12, 94:14, 95:7, 130:17pursuing [1] - 20:24pushed [1] - 17:6pushing [1] - 129:6put [24] - 17:12, 24:7, 29:22,
35:4, 37:16, 39:1, 39:7, 39:13, 40:10, 51:15, 51:22, 52:7, 52:17, 53:15, 58:8, 60:19, 80:6, 82:18, 93:17, 95:16, 119:16, 121:25, 132:5putting [1] - 68:14
Qquarter [1] - 23:23quarters [2] - 84:3, 85:19Queens [2] - 75:18, 76:16questions [11] - 8:1, 8:24,
37:2, 46:3, 68:16, 68:24, 69:18, 73:15, 74:13, 87:19, 92:8quite [10] - 19:9, 26:13,
27:19, 27:25, 31:12, 32:2, 54:18, 70:16, 76:22, 88:17
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
12
Quite [1] - 10:23
Rrabbi [13] - 23:2, 31:1, 31:2,
31:3, 31:11, 31:13, 37:15, 40:5, 45:9, 62:7, 75:18, 75:22Rabbi [35] - 11:6, 11:7, 11:8,
11:9, 17:17, 17:18, 17:23, 18:3, 18:14, 23:9, 29:11, 29:13, 29:14, 29:17, 37:20, 37:25, 39:4, 39:10, 39:16, 40:5, 42:13, 70:7, 70:21, 70:23, 74:18, 75:6, 75:23, 88:5, 92:25, 94:4, 104:19, 107:25, 113:19, 121:24Rabbi's [1] - 14:13rabbinical [7] - 29:18, 39:9,
42:25, 71:11, 73:20, 73:21, 73:22Rabbinical [1] - 83:19rabbis [12] - 30:11, 32:7,
32:10, 32:16, 32:18, 35:11, 42:12, 43:17, 73:23, 83:20, 93:16racketeering [1] - 109:20raid [25] - 16:24, 30:9,
30:13, 31:8, 34:5, 42:14, 45:10, 46:10, 46:25, 47:1, 55:9, 61:20, 62:9, 62:10, 76:18, 77:14, 77:21, 77:23, 77:24, 78:4, 78:19, 108:2, 109:1, 109:5raise [3] - 45:3, 79:15, 95:22raised [1] - 82:2raising [3] - 79:11, 79:23,
88:11rallied [1] - 19:5ran [2] - 25:7, 36:7ransacked [1] - 55:6rapidly [1] - 30:12Rapids [2] - 85:8, 85:21rapport [1] - 10:21Rc [1] - 2:2Rd [1] - 2:2reach [1] - 15:5reacts [1] - 27:21read [2] - 24:9, 53:13Reade [1] - 122:6reading [2] - 16:4, 129:22reads [1] - 123:8ready [3] - 3:1, 32:24, 70:3real [6] - 13:11, 23:10,
45:17, 56:13, 56:14, 72:12reality [1] - 116:16realize [3] - 21:1, 21:5,
26:14realized [2] - 26:15, 79:12realizes [1] - 81:6really [19] - 21:1, 21:2, 21:4,
Appellate Case: 10-2487 Page: 146 Date Filed: 06/16/2011 Entry ID: 3798710
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22:1, 26:14, 28:8, 33:7, 46:4, 46:6, 52:16, 62:8, 64:25, 65:23, 76:24, 81:10, 124:7, 127:22reason [8] - 27:5, 53:24,
57:6, 61:7, 65:7, 66:19, 91:6, 110:6reasonable [2] - 86:12,
120:3reasoned [1] - 116:24reasons [6] - 37:18, 38:11,
38:15, 38:24, 39:5, 59:14reassert [1] - 130:10rebbe [1] - 12:21Rebbe [5] - 85:7, 85:11,
85:12, 89:15rebuttal [2] - 114:8, 128:1receipt [2] - 82:22, 82:23receive [3] - 3:8, 99:11,
109:7received [14] - 16:17, 16:18,
16:21, 18:13, 95:14, 99:15, 102:10, 103:16, 104:7, 105:21, 106:24, 109:11, 110:3, 121:11Received [4] - 102:8, 104:6,
105:20, 106:23recently [2] - 75:17, 93:21recess [2] - 69:25, 70:2recognize [4] - 14:22, 98:16,
101:8, 105:5recognized [1] - 84:7recollection [4] - 46:6, 50:3,
89:20, 102:14recommended [1] - 62:4record [15] - 4:17, 9:18,
14:18, 49:21, 49:23, 61:14, 94:15, 94:20, 96:6, 106:15, 114:2, 114:4, 114:6, 114:12recorded [2] - 98:9, 98:19records [3] - 50:5, 65:4,
65:15redaction [1] - 104:2redactions [1] - 106:18redeeming [1] - 35:16Redirect [2] - 68:22, 113:16referred [1] - 112:14referring [2] - 91:14, 100:1reflected [2] - 64:16, 64:22regard [2] - 59:19, 124:18regarding [14] - 12:13,
12:14, 14:21, 24:19, 25:18, 29:7, 30:15, 94:23, 102:12, 104:11, 107:10, 107:12, 120:11, 124:16regards [1] - 100:19regular [1] - 72:20related [1] - 116:7relating [2] - 105:9, 120:12relationship [3] - 10:22,
26:9, 27:10relatives [1] - 22:10release [20] - 5:16, 11:11,
48:14, 48:17, 48:24, 49:7, 49:13, 50:1, 90:8, 91:11, 91:19, 92:19, 92:23, 93:5, 93:19, 94:1, 120:13, 124:11, 125:12, 127:15released [9] - 5:10, 9:24,
19:13, 49:3, 56:19, 86:13, 90:22, 91:1, 91:11Relevance [1] - 99:6relevance [1] - 99:12relevant [1] - 120:15reliable [1] - 111:13relies [1] - 114:2religion [1] - 24:23religious [21] - 6:18, 6:23,
8:13, 8:14, 8:15, 22:22, 24:17, 35:25, 37:17, 38:11, 38:14, 38:24, 39:5, 80:19, 80:22, 83:23, 89:14, 89:21, 118:23, 123:19religious-oriented [1] -
83:23religiously [2] - 27:3, 39:17rely [1] - 114:23remain [3] - 94:9, 121:4,
130:9remarkable [1] - 117:22remarks [1] - 114:18remedy [1] - 7:15remember [11] - 11:18, 15:2,
15:5, 20:8, 32:9, 48:7, 58:17, 61:2, 66:6, 68:1, 112:14remind [1] - 11:18removed [1] - 3:22rent [2] - 44:18, 45:6rents [1] - 45:4repeat [1] - 124:5repeatedly [1] - 126:22repeats [1] - 113:3report [1] - 108:10reported [1] - 112:5reporter [1] - 79:4represent [1] - 83:12represented [2] - 3:5, 56:13represents [4] - 83:15,
83:17, 83:20, 84:3reprinted [1] - 16:6request [10] - 6:17, 39:8,
39:9, 39:10, 39:11, 54:16, 54:23, 56:18, 103:21, 123:24requested [2] - 39:5, 51:16requests [1] - 6:1require [1] - 56:5required [2] - 5:19, 116:9residence [2] - 94:24,
118:19resisting [1] - 78:5
resources [5] - 16:25, 17:1, 17:3, 36:11, 79:13respect [6] - 3:19, 19:16,
19:23, 24:17, 117:3, 118:11respectfully [1] - 123:24respects [1] - 120:10respond [3] - 50:20, 55:15,
55:18responded [1] - 100:5Response [1] - 79:4response [2] - 12:3, 82:9responsibility [2] - 4:25,
123:16responsive [1] - 40:21rest [3] - 67:15, 95:4, 122:1result [2] - 16:5, 53:23results [1] - 81:4resume [1] - 92:25resumes [1] - 3:16return [5] - 6:19, 7:8,
107:15, 109:23, 110:14returned [6] - 20:21, 29:9,
104:17, 112:9, 117:23, 120:13review [2] - 21:21, 34:11reward [1] - 27:7ridiculous [2] - 54:18, 90:11risk [6] - 94:11, 122:2,
122:18, 123:10, 127:17, 127:25River [1] - 104:18road [2] - 13:2, 132:20role [1] - 71:12roll [2] - 28:6, 36:2Rome [2] - 103:17, 103:20room [2] - 26:25, 27:16Rosen [1] - 121:18round [12] - 58:8, 58:14,
58:18, 58:19, 58:20, 58:22, 59:4, 59:9, 60:7, 60:12, 60:25, 61:8round-up [5] - 58:8, 58:22,
60:12, 60:25, 61:8rounding [2] - 58:15, 58:16Rubashkin [52] - 2:4, 3:3,
3:22, 5:1, 5:10, 7:7, 7:22, 9:8, 9:9, 9:11, 9:19, 9:20, 40:23, 46:19, 72:9, 76:19, 76:21, 77:14, 77:17, 77:18, 77:22, 77:25, 78:18, 80:10, 80:15, 80:20, 82:11, 84:5, 85:3, 86:10, 96:21, 99:23, 101:14, 105:10, 107:16, 107:19, 109:3, 109:10, 109:22, 110:8, 110:16, 112:19, 113:10, 115:15, 121:7, 121:25, 122:13, 122:18, 122:23, 127:4Rubashkin's [7] - 92:19,
92:23, 93:5, 93:19, 102:16,
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
13
113:6, 123:15rule [1] - 115:21rules [7] - 7:23, 87:5, 91:7,
91:24, 92:5, 129:11Rules [2] - 41:15, 99:9ruling [7] - 81:3, 94:20,
94:22, 115:22, 116:12, 116:24, 128:11rulings [1] - 130:8run [13] - 36:22, 73:4, 73:7,
73:9, 73:10, 73:11, 73:12, 76:10, 90:16, 122:12, 122:13, 123:13, 124:10running [2] - 47:16, 48:4runs [1] - 73:8rush [1] - 24:1
Ssafety [1] - 115:4Sakhmah [1] - 19:3Sarah [1] - 60:5sat [1] - 41:24Saturday [3] - 23:7, 42:16,
42:18savvy [1] - 112:1saw [5] - 26:11, 27:5, 52:4,
78:9, 78:10schedule [1] - 132:17scheme [2] - 111:5, 111:9Schneerson [1] - 89:15Schochet [2] - 110:3, 110:6school [30] - 10:3, 10:4,
10:8, 10:10, 10:22, 11:1, 11:5, 22:12, 71:5, 71:8, 71:10, 71:12, 71:16, 71:17, 71:22, 72:3, 72:5, 72:6, 72:18, 73:2, 73:6, 73:19, 73:21, 74:2, 75:9, 75:10, 76:9, 124:14schools [1] - 22:19science [1] - 76:11Scoles's [2] - 94:7, 94:17scope [3] - 18:13, 19:7, 78:1scream [1] - 42:2scroll [1] - 24:10scrolls [2] - 35:12, 35:15sealed [1] - 123:3search [2] - 45:4, 68:4seated [2] - 9:14, 70:12Second [1] - 13:21second [16] - 14:20, 19:13,
25:16, 25:22, 32:15, 49:14, 74:6, 74:7, 92:20, 92:23, 93:19, 116:25, 119:15, 123:25, 128:14secret [1] - 45:2secretary [2] - 43:7, 43:15Security [1] - 106:13security [2] - 35:12, 103:19
Appellate Case: 10-2487 Page: 147 Date Filed: 06/16/2011 Entry ID: 3798710
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see [15] - 5:21, 12:7, 17:21, 31:10, 38:21, 52:14, 62:1, 62:14, 67:19, 68:8, 70:1, 82:21, 91:6, 108:19, 132:9seeing [1] - 17:16sees [2] - 25:7, 27:7selfish [1] - 121:20selfishly [1] - 128:15sell [3] - 45:12, 45:16selling [1] - 45:16send [2] - 60:5, 82:23sending [3] - 82:24, 83:5,
85:3senior [1] - 75:22sense [2] - 43:15, 65:24sent [6] - 82:21, 84:19,
84:20, 84:24, 87:7, 87:8sentence [2] - 35:23, 112:21sentencing [17] - 19:14,
21:11, 21:19, 86:16, 90:4, 92:20, 92:24, 93:20, 94:10, 115:22, 120:24, 121:5, 124:1, 124:25, 125:19, 127:20, 128:7separate [1] - 38:1separated [2] - 125:23,
127:21separation [1] - 125:1Sephardic [2] - 75:19, 75:23serious [3] - 11:3, 125:14,
127:18serve [3] - 75:17, 75:22,
125:19served [1] - 80:7Service [1] - 96:14service [5] - 23:12, 23:15,
23:16, 24:4, 81:9services [2] - 6:18, 89:3serving [2] - 76:2, 81:21session [1] - 89:5set [6] - 25:16, 49:14, 79:9,
82:18, 116:25, 117:14sets [1] - 87:17seven [3] - 12:23, 23:23seventeen [1] - 28:22seventh [1] - 26:10seventy [1] - 71:2several [4] - 83:22, 86:3,
88:7, 107:23severance [1] - 116:24severe [1] - 123:16shakedown [1] - 111:5shier [4] - 71:14, 71:23,
71:24shift [5] - 14:17, 16:20, 26:2,
32:11, 32:15shifts [2] - 32:12, 115:1shipments [3] - 56:13,
56:14, 77:4
shirking [1] - 123:15Shlomo [22] - 29:7, 29:11,
37:9, 37:10, 42:9, 42:13, 45:22, 46:11, 46:22, 61:17, 62:17, 104:20, 106:1, 107:2, 107:12, 107:13, 107:18, 108:1, 109:7, 113:19, 126:10Sholem [3] - 2:6, 74:20, 75:4Sholom [40] - 2:4, 2:5, 3:2,
4:25, 9:8, 9:11, 9:19, 37:9, 53:18, 70:9, 70:21, 70:23, 72:9, 73:1, 77:22, 78:18, 80:10, 80:14, 80:20, 82:11, 84:5, 86:9, 93:1, 93:4, 96:21, 100:21, 101:14, 102:16, 105:10, 107:16, 107:18, 109:3, 109:10, 109:22, 110:16, 121:7, 121:24, 122:13, 122:18, 127:4Sholom's [1] - 72:17shooting [2] - 56:16, 61:13short [3] - 44:24, 123:14,
129:25shorter [1] - 131:15shortly [1] - 42:14Shortly [1] - 107:17shot [1] - 45:1show [12] - 27:11, 27:21,
28:1, 65:22, 69:11, 85:22, 111:24, 124:25, 125:16, 125:18, 125:21, 127:15showed [1] - 90:3showing [3] - 27:24, 28:4,
50:6shown [1] - 123:2shows [1] - 107:2shred [7] - 67:7, 67:10,
67:16, 67:20, 67:23, 68:2, 68:8Shred [1] - 67:20shredded [5] - 67:15, 67:24,
68:6, 68:7, 68:14shredder [1] - 67:16Shredding [1] - 67:17shredding [1] - 68:10shrunk [1] - 30:12Shuvyim [1] - 79:3Shvuyim [3] - 79:2, 79:7sic [9] - 4:4, 33:9, 79:3, 90:4,
100:21, 101:19, 101:20, 110:10, 117:16side [5] - 32:11, 32:17,
36:17, 36:23signature [1] - 102:15signatures [2] - 57:10,
102:12signed [4] - 38:22, 101:14,
103:10, 104:23significant [2] - 21:20,
118:14
Significantly [1] - 122:3signs [2] - 33:22, 82:22simple [1] - 78:11simply [7] - 25:10, 119:16,
125:9, 127:8, 127:9, 128:2, 128:20sincere [1] - 117:16single [10] - 14:8, 18:24,
19:25, 24:6, 27:3, 66:22, 67:17, 67:18, 69:11, 82:9Sioux [6] - 49:17, 86:1, 88:8,
93:14, 117:6, 130:5sisters [1] - 77:13sit [1] - 128:21site [2] - 12:21, 89:14sites [1] - 14:4sitting [8] - 30:23, 32:23,
55:7, 63:12, 67:14, 68:9, 68:11, 130:24situation [2] - 35:18, 119:17six [3] - 27:17, 27:18, 93:15Skelton [7] - 2:3, 4:5, 4:6,
4:8, 4:9, 4:18, 9:4sleep [2] - 13:10, 13:12slept [3] - 13:23, 13:25, 14:1slide [1] - 93:12slip [2] - 101:18, 103:1sociable [1] - 27:19softy [1] - 34:1solid [1] - 120:2solver [1] - 117:16someone [1] - 50:16someplace [2] - 51:9,
132:11sometime [3] - 25:21, 25:25,
108:2Sometimes [1] - 12:11sometimes [4] - 24:9, 24:14,
30:20, 36:7somewhat [1] - 70:15somewhere [4] - 23:23,
28:20, 62:2, 131:14son [5] - 26:7, 26:10, 28:8,
121:22, 122:17soon [4] - 128:12, 128:25,
129:4, 129:9sorry [6] - 4:7, 40:17, 78:8,
91:12, 122:4, 132:19sort [8] - 10:18, 17:24,
22:22, 23:17, 69:16, 79:17, 80:7, 124:16South [6] - 23:1, 23:12, 77:6,
84:15, 130:5Southeast [1] - 77:6Spain [1] - 75:20speaking [1] - 77:5Special [1] - 95:19special [6] - 26:7, 27:10,
31:19, 76:10, 96:9, 101:13
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
14
specific [5] - 8:10, 49:2, 49:10, 91:15, 96:25specifically [4] - 40:7,
91:14, 106:1, 112:19specifics [1] - 21:10speed [2] - 26:25, 36:7spell [2] - 96:5, 122:5spend [3] - 26:24, 27:3,
82:19spent [3] - 22:18, 27:15,
125:13spirits [1] - 22:17spiritual [3] - 81:11, 85:6,
85:12spite [1] - 128:16spouse [1] - 103:6spreadsheet [2] - 66:9, 93:7spreadsheets [2] - 63:25,
65:5spring [1] - 126:2staff [2] - 10:14, 30:1stand [11] - 4:13, 32:2,
55:19, 58:17, 65:12, 74:24, 96:2, 116:19, 122:8, 126:23, 131:7stand-by [1] - 131:7standard [2] - 114:14,
114:25stands [4] - 115:15, 115:18,
119:13, 122:16start [3] - 25:22, 130:20,
130:23started [9] - 15:17, 16:1,
17:19, 23:5, 23:22, 24:15, 47:3, 63:23, 66:10starting [1] - 7:12starts [2] - 23:24, 27:18state [14] - 4:16, 6:10, 8:9,
8:18, 9:17, 12:18, 25:24, 31:25, 56:6, 70:20, 75:3, 78:20, 96:5State [2] - 101:20, 103:2statement [8] - 61:14, 65:19,
67:5, 105:8, 105:11, 105:13, 105:15, 105:22statements [15] - 61:13,
63:20, 64:4, 64:13, 64:21, 65:16, 65:17, 65:20, 66:2, 66:14, 66:19, 67:2, 67:24, 68:13, 97:20states [1] - 22:8States [9] - 3:2, 4:20, 14:6,
33:16, 33:18, 96:21, 99:21, 107:3, 112:7stating [1] - 31:12stature [1] - 85:25status [2] - 86:10, 118:4statute [1] - 3:6stay [7] - 19:20, 19:21,
24:24, 25:4, 25:8, 34:7, 36:12
Appellate Case: 10-2487 Page: 148 Date Filed: 06/16/2011 Entry ID: 3798710
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stayed [4] - 10:2, 13:14, 15:12, 15:13staying [3] - 6:7, 28:16,
113:10stays [1] - 6:4step [5] - 9:5, 69:20, 74:16,
92:11, 113:24stick [1] - 129:19still [11] - 47:17, 47:20,
62:18, 65:13, 69:13, 90:10, 100:14, 113:19, 117:1, 117:2, 129:23stopped [3] - 22:9, 62:2,
62:9story [10] - 16:8, 16:12,
17:20, 36:18, 36:23, 44:11, 44:12, 50:4, 50:8, 78:8strategy [2] - 18:7, 79:24strenuous [1] - 13:11stretch [1] - 123:10stretches [1] - 119:20strict [1] - 19:19strong [7] - 21:24, 28:7,
47:5, 82:9, 85:14, 90:6, 119:3strongly [4] - 28:11, 72:14,
85:15, 86:18structure [1] - 82:18student [1] - 72:23students [12] - 10:22, 10:23,
72:1, 72:7, 72:12, 72:16, 72:19, 72:20, 72:23, 73:5, 76:12, 89:4Studied [1] - 75:9studies [3] - 71:11, 72:4,
75:13study [5] - 10:12, 71:25,
72:2, 89:5studying [1] - 22:18stuff [8] - 21:13, 30:21,
51:25, 52:9, 53:23, 63:7, 68:2, 126:20stupid [1] - 34:22subject [2] - 25:15, 109:17submit [6] - 115:5, 116:1,
117:12, 120:14, 121:9, 123:17submitted [1] - 119:7subpoenas [1] - 130:17substantial [6] - 116:14,
116:17, 120:19, 121:16, 124:8, 124:15substantially [1] - 129:19Suburban [1] - 13:19success [1] - 16:6successful [1] - 116:1sucker [1] - 34:2suddenly [4] - 27:14, 44:1,
44:25, 45:2suggestion [1] - 33:13suitable [1] - 86:13
suits [1] - 127:9summer [3] - 109:10,
111:23, 112:11summoned [1] - 131:6sunrise [3] - 23:24, 24:11,
24:12supervised [2] - 5:15, 7:24supervising [2] - 4:25, 5:10supervision [1] - 5:4supervisor [1] - 97:10supervisory [1] - 7:23supper [1] - 27:4supplemented [1] - 117:20supplied [2] - 3:10, 117:21support [37] - 3:16, 16:21,
18:13, 18:17, 18:24, 19:2, 19:5, 19:6, 19:10, 22:9, 22:11, 22:14, 34:10, 34:13, 85:23, 88:11, 88:14, 88:18, 89:23, 90:1, 90:6, 90:10, 92:19, 92:22, 93:4, 93:18, 94:1, 94:8, 117:24, 118:9, 118:15, 119:18, 121:10, 122:11, 125:4supporting [4] - 86:20, 87:1,
90:12, 91:25supportive [2] - 19:1, 28:25supposed [10] - 20:1, 25:21,
29:19, 30:1, 39:18, 48:24, 48:25, 91:2, 91:6, 91:24supposedly [1] - 112:6surprised [1] - 32:2suspended [1] - 129:11switched [1] - 13:23sworn [5] - 4:10, 9:12,
70:10, 74:21, 95:24synagogue [1] - 42:16synagogues [2] - 35:13,
93:17synopsis [1] - 75:15System [1] - 106:14system [11] - 7:20, 20:19,
25:4, 25:9, 30:25, 36:24, 65:5, 75:9, 90:13, 122:19
Ttallits [1] - 24:7Talmud [1] - 10:20tape [2] - 7:19, 20:13taped [2] - 7:18, 7:19target [6] - 34:6, 40:3, 53:16,
65:6, 109:8, 109:11targeted [1] - 40:8targets [1] - 34:7tarnish [1] - 25:13teach [7] - 10:14, 24:18,
76:7, 76:8, 76:10teacher [1] - 75:6teaches [1] - 72:19
teaching [3] - 10:4, 10:16, 10:18team [3] - 18:8, 79:20, 80:6teams [1] - 79:16tefillin [1] - 24:7Tel [1] - 106:4telephone [5] - 97:15, 98:2,
111:13, 130:14, 132:20ten [12] - 10:16, 24:13,
24:14, 26:3, 32:16, 81:16, 83:8, 118:15, 120:1, 122:17, 124:19term [2] - 77:15, 89:25terms [3] - 19:24, 93:13,
127:15terrible [3] - 31:25, 36:8,
61:23testified [24] - 4:11, 9:13,
29:13, 39:17, 39:25, 41:9, 41:19, 43:16, 47:4, 48:5, 51:20, 53:10, 55:13, 56:7, 57:13, 70:11, 74:22, 93:1, 94:6, 95:25, 109:3, 110:7, 117:13, 120:25testifies [1] - 127:6testify [1] - 94:7testimony [49] - 11:20, 29:6,
34:20, 37:11, 37:18, 37:20, 38:2, 38:3, 38:5, 39:23, 40:16, 41:25, 42:3, 42:4, 43:19, 48:22, 49:17, 49:23, 50:10, 50:15, 50:17, 51:24, 52:1, 53:12, 53:13, 54:2, 55:14, 56:24, 57:21, 61:6, 62:21, 66:12, 70:14, 73:2, 95:3, 102:12, 110:2, 110:4, 114:18, 117:10, 117:15, 117:18, 122:23, 123:21, 126:24, 127:1, 127:3, 132:3testing [1] - 81:1text [2] - 5:24, 12:11texted [3] - 12:2, 12:11, 13:5texting [1] - 12:2Thanksgiving [2] - 83:25,
130:1theft [1] - 117:3thinker [1] - 47:7thinking [1] - 131:15third [1] - 117:7thirty [1] - 24:14thou [1] - 34:18thoughts [1] - 87:13thousand [1] - 65:13thousands [4] - 82:12,
83:21, 86:21three [10] - 13:20, 13:21,
26:12, 27:12, 66:8, 72:8, 75:13, 84:3, 85:19, 131:21three-quarters [2] - 84:3,
85:19
C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .
15
throughout [6] - 16:11, 18:18, 20:22, 119:20, 119:21throw [3] - 28:13, 116:1,
120:21throwing [1] - 28:15thumb [11] - 49:14, 49:20,
50:1, 50:3, 50:5, 50:8, 50:11, 50:25, 51:3, 52:19, 126:14Thursday [1] - 5:12Thursdays [1] - 24:9ticket [9] - 31:3, 31:5, 31:18,
31:23, 34:4, 100:25, 101:23, 103:9tickets [8] - 30:19, 31:7,
42:22, 43:21, 43:23, 105:25, 106:5, 132:11tie [3] - 59:4, 59:8, 124:15tied [1] - 46:8ties [7] - 94:24, 118:12,
118:14, 118:22, 123:19, 124:8, 124:18tight [1] - 28:8Timbuktu [1] - 90:15timeline [1] - 129:12timely [1] - 6:20tirelessly [1] - 122:12Title [1] - 115:14title [1] - 97:8Toby [18] - 33:22, 43:12,
51:11, 51:13, 51:16, 52:1, 52:5, 52:6, 52:9, 54:14, 54:16, 57:18, 58:17, 60:15, 60:20, 61:4, 121:1, 121:5Toby's [3] - 51:21, 51:23,
54:16today [20] - 28:24, 37:19,
48:22, 49:24, 51:24, 52:20, 54:4, 64:1, 94:15, 95:4, 108:22, 114:6, 114:19, 117:11, 117:23, 125:20, 126:24, 127:3, 127:7, 128:21today's [1] - 88:2together [15] - 17:17, 23:10,
42:24, 51:15, 72:8, 72:16, 72:25, 73:10, 79:8, 79:15, 79:20, 80:7, 80:8, 89:4, 89:5tomorrow [2] - 68:12, 122:7Tona's [1] - 67:14took [28] - 8:9, 12:18, 13:18,
15:19, 16:2, 17:2, 18:5, 30:8, 32:24, 33:1, 38:19, 42:21, 43:21, 46:11, 52:4, 53:3, 53:8, 53:11, 54:10, 55:10, 55:11, 60:15, 63:5, 67:14, 85:14, 126:18, 126:23top [2] - 84:17, 84:22topic [1] - 29:5topics [1] - 96:25Torah [9] - 10:20, 24:10,
35:12, 35:14, 74:3, 74:4,
Appellate Case: 10-2487 Page: 149 Date Filed: 06/16/2011 Entry ID: 3798710
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74:5, 74:9, 93:18Toronto [1] - 110:8Torson [2] - 43:3, 43:5total [2] - 93:9, 93:25totally [2] - 50:19, 65:7touch [7] - 12:9, 20:14, 80:1,
80:12, 84:18, 129:15touched [1] - 78:2toughest [1] - 127:20toward [1] - 131:11town [2] - 5:21, 44:22track [1] - 6:7trained [2] - 37:12, 38:22transcriber [1] - 113:2transcript [2] - 98:11,
100:17transcripts [3] - 98:19,
98:24, 99:2transferred [1] - 107:20transportation [1] - 6:22Travel [3] - 30:25, 43:1travel [18] - 5:21, 6:1, 6:9,
6:16, 11:22, 11:24, 12:14, 13:16, 14:6, 30:15, 30:24, 31:22, 32:23, 42:21, 43:18, 105:2, 106:3, 129:25traveled [2] - 14:7, 85:7travels [2] - 88:21, 111:19Treatment [1] - 78:6tremendous [1] - 35:7trial [55] - 9:21, 11:11,
19:14, 19:15, 20:22, 22:3, 23:19, 25:16, 25:22, 25:25, 29:7, 29:24, 41:9, 55:13, 55:21, 56:4, 57:13, 60:24, 80:17, 84:8, 84:14, 85:25, 86:3, 86:8, 88:7, 89:2, 89:11, 91:3, 92:20, 92:23, 93:14, 93:19, 114:4, 116:25, 117:5, 117:13, 117:19, 118:10, 119:15, 121:1, 121:13, 123:25, 126:24, 127:8, 127:18, 128:14, 129:2, 129:20, 130:7, 130:9, 131:5, 131:13, 131:15trials [1] - 128:17tried [6] - 20:14, 24:1, 29:16,
44:22, 52:17, 122:12trigger [1] - 15:17trip [2] - 13:11, 31:15trips [5] - 6:19, 7:8, 7:13,
8:9, 12:17trouble [2] - 47:3, 131:2truck [2] - 55:8, 57:9trucking [1] - 17:6true [19] - 34:3, 38:16,
38:18, 38:19, 44:13, 45:21, 46:10, 48:16, 49:25, 50:25, 53:4, 53:20, 53:22, 108:24, 109:5, 110:12, 110:19,
111:11, 127:4Trust [1] - 51:9trust [2] - 34:21, 35:7trustee [1] - 11:16trustworthy [1] - 117:17truth [10] - 41:11, 49:6,
50:22, 50:23, 50:24, 51:13, 54:11, 56:11, 88:17Truth [1] - 48:13truthful [1] - 55:14try [10] - 26:25, 27:13, 27:22,
70:16, 79:9, 79:16, 124:5, 126:4, 129:8trying [7] - 17:20, 40:21,
46:2, 47:1, 48:20, 58:15, 61:11Tsymuk [1] - 122:6Tuesday [4] - 67:12, 129:24,
130:4Turkey [1] - 75:21turn [1] - 47:6Turning [2] - 100:10, 100:16turnover [1] - 30:5twelve [2] - 17:7, 23:8twenty [5] - 24:14, 69:25,
81:17, 87:2twenty-five [1] - 81:17twice [1] - 85:16Twice [1] - 55:9Twin [2] - 60:6, 60:7Two [2] - 98:8, 105:13two [17] - 6:15, 7:8, 12:19,
13:19, 13:21, 27:12, 32:11, 32:12, 44:25, 59:20, 62:10, 66:8, 72:7, 89:17, 108:25, 109:4, 109:11Two-page [1] - 105:13two-shift [1] - 32:11type [7] - 18:17, 19:6, 42:7,
97:8, 124:14, 129:7, 131:3typically [2] - 12:6, 35:15Typically [1] - 24:13
Uunbelievable [1] - 119:18under [18] - 3:6, 22:16,
32:14, 55:20, 55:22, 56:3, 61:15, 65:12, 82:16, 86:13, 115:14, 115:17, 116:8, 117:7, 118:12, 126:24, 128:11undergo [1] - 81:1understood [4] - 13:7,
20:15, 52:16, 62:8undocumented [1] - 38:12unequivocally [1] - 86:17unfavorable [1] - 115:22unforthcoming [1] - 64:9unimaginable [1] - 87:10unintelligible [1] - 112:23
Union [3] - 83:13, 83:14unique [3] - 116:23, 118:4,
119:17United [9] - 3:2, 4:20, 14:6,
33:16, 33:18, 96:21, 99:21, 107:3, 112:7units [1] - 45:2university [1] - 75:11unlawfulness [1] - 123:14Unless [1] - 55:25unless [2] - 11:18, 66:21unlike [1] - 44:16unmatched [1] - 80:23unprecedented [1] - 121:11unreliable [1] - 111:11unwavering [1] - 121:21up [48] - 5:23, 12:6, 22:17,
22:20, 23:21, 31:17, 31:23, 33:23, 36:16, 39:3, 39:4, 42:1, 45:1, 47:9, 58:8, 58:14, 58:19, 58:20, 58:22, 60:12, 60:25, 61:8, 69:11, 78:23, 79:9, 79:13, 81:21, 82:3, 82:18, 83:24, 89:6, 89:8, 90:3, 93:17, 100:11, 113:6, 124:25, 125:16, 125:18, 125:21, 126:5, 126:13, 127:15, 128:16, 130:13, 131:3, 131:21, 132:4urging [1] - 94:8utilize [1] - 20:17Uzbekistan [1] - 75:21
Vvalue [2] - 67:13, 93:8Value [1] - 11:14van [3] - 13:18, 13:19Vanhoven [4] - 60:5, 65:10,
65:11, 65:12various [5] - 5:25, 77:4,
78:19, 80:1, 110:11Vehicle [1] - 6:24vehicle [1] - 7:1verdict [14] - 19:14, 20:2,
20:21, 20:25, 21:8, 21:12, 21:19, 25:5, 35:23, 114:24, 115:20, 117:5, 117:23, 120:13Verdict [1] - 119:14version [1] - 16:8versus [2] - 3:2, 96:21via [5] - 97:23, 97:24, 98:1,
104:18, 111:12Vietnam [1] - 84:23violate [3] - 34:21, 35:8,
90:7violated [2] - 5:15, 90:21violence [3] - 115:18, 116:6,
116:21
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virtue [1] - 24:23visit [3] - 22:21, 85:8, 89:12visiting [1] - 14:3voices [2] - 113:3, 113:8volition [1] - 62:11voluntarily [1] - 125:20volunteer [1] - 124:14
Wwaited [1] - 12:3waiting [1] - 129:18walked [1] - 63:4wants [1] - 27:9warm [1] - 132:11warrant [1] - 45:4waste [1] - 121:15watching [1] - 121:10ways [1] - 50:23wear [1] - 20:3wearing [1] - 7:17week [18] - 11:16, 16:5,
22:25, 26:22, 39:15, 40:8, 42:17, 66:22, 82:3, 83:25, 84:16, 130:14, 130:19, 131:19, 131:23, 132:9, 132:15weekend [9] - 30:3, 39:20,
39:24, 40:2, 40:3, 40:4, 40:7, 40:9, 83:25weekly [2] - 5:20, 15:7weeks [5] - 107:23, 108:11,
108:15, 128:16, 131:16weight [4] - 69:7, 95:10,
116:9, 127:13well-intentioned [1] -
117:17well-known [6] - 15:24,
16:11, 76:25, 77:10, 77:19, 118:5well-reasoned [1] - 116:24Wendy [9] - 32:24, 33:1,
42:20, 43:3, 43:5, 66:6, 66:12, 67:7, 67:10west [1] - 17:9Western [1] - 63:19whatsoever [1] - 120:9wherein [1] - 94:18white [1] - 29:25whole [16] - 15:14, 15:17,
19:7, 27:23, 40:8, 44:12, 48:19, 51:4, 55:10, 60:3, 62:5, 65:2, 68:14, 72:6, 91:4, 124:22wife [3] - 26:17, 33:25,
103:12wild [2] - 16:3, 40:15Williams [4] - 60:23, 73:18,
74:13, 133:1willing [4] - 47:15, 65:4,
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69:9, 86:11win [1] - 69:13wires [2] - 59:23, 59:24wish [1] - 95:16withdrawal [1] - 101:18witness [16] - 3:23, 4:3,
4:10, 4:12, 9:12, 23:19, 40:18, 41:17, 56:3, 68:19, 70:10, 74:21, 74:23, 95:24, 96:1, 132:2Witness [4] - 2:2, 40:25,
69:22, 92:13witness' [1] - 70:14witnesses [7] - 3:18, 93:14,
117:10, 117:15, 117:19, 120:25, 130:24woman [1] - 23:11word [8] - 19:24, 22:23,
25:11, 27:17, 32:14, 117:17, 123:2words [3] - 27:6, 42:22,
87:13worker [1] - 40:8workers [2] - 39:21, 44:19workforce [1] - 30:12works [1] - 124:9world [14] - 16:12, 19:2,
22:5, 27:1, 27:2, 27:25, 28:5, 77:2, 77:5, 78:2, 85:5, 86:22, 119:21, 121:10worldwide [2] - 77:9, 84:14worship [1] - 93:17worth [1] - 16:15worthless [1] - 17:6wrapped [1] - 131:21writes [1] - 121:24written [5] - 44:16, 101:12,
122:7, 123:3, 123:6wrote [1] - 85:18
Yyear [14] - 31:14, 44:25,
74:6, 74:7, 78:21, 78:22, 79:21, 86:19, 89:18, 95:1, 122:11, 122:21year-and-a-half [3] - 44:25,
122:11, 122:21years [16] - 4:23, 26:12,
27:17, 27:18, 28:18, 28:22, 31:15, 44:25, 58:6, 59:20, 72:11, 75:13, 76:22, 81:17, 87:3, 118:21Yeshiva [4] - 19:2, 75:9,
75:10, 75:12yesterday [3] - 122:8,
132:19, 132:21Yiddish [1] - 70:16York [33] - 6:18, 6:23, 7:2,
7:4, 7:8, 7:14, 8:22, 12:20,
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12:25, 13:5, 13:8, 13:17, 13:24, 13:25, 14:3, 14:10, 22:12, 22:13, 58:25, 75:18, 76:15, 76:16, 76:22, 77:1, 77:10, 77:16, 77:19, 78:23, 78:25, 80:19, 89:12, 89:17Young [1] - 83:17young [3] - 72:12, 118:15,
123:12yourself [2] - 9:22, 98:22
ZZeev [3] - 100:4, 100:6,
100:7Zenor [1] - 129:14zero [1] - 64:14Zwiebel [1] - 94:5
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1
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff, No. 08-CR-1324-LRR
vs. ORDER
SHOLOM RUBASHKIN,
Defendant.____________________
I. INTRODUCTION
The matter before the court is the government�’s �“Request for Detention�”
(�“Motion�”) (docket no. 737).
II. RELEVANT PROCEDURAL BACKGROUND
On November 12, 2009, a jury returned guilty verdicts (�“Verdicts�”) (docket no.
736) against Defendant Sholom Rubashkin on Counts 73-143, 145-152, 156-161 and 163
of the Seventh Superseding Indictment (�“Indictment�”) (docket no. 544). Immediately after
the jury returned the Verdicts, the government requested that the court detain Defendant
pending sentencing. The court detained Defendant pending an evidentiary hearing
(�“Hearing�”) on detention.
That same date, Defendant filed a �“Memorandum in Support for Motion for
Continued Release Pending Sentencing�” (�“Def. Br.�”) (docket no. 733). On November 16,
2009, the government filed the Motion.
On November 18, 2009, the court held the Hearing. At the Hearing, Assistant
United States Attorneys C.J. Williams, Peter Deegan, Jr., and Matthew Cole represented
the government. Attorneys F. Montgomery Brown and Guy Cook represented Defendant,
who was personally present. At the Hearing, the court received testimony and other
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2
evidence. Due to the nature of the evidence and arguments, the court reserved ruling on
the Motion pending the issuance of the instant Order. Defendant was detained pending
resolution of the Motion.
III. STANDARD OF REVIEW
Title 18, United States Code, Section 3143(a) governs a defendant�’s release or
detention pending sentencing. Section 3143(a) provides, in relevant part:
[. . . T]he judicial officer shall order that a person who hasbeen found guilty of an offense and who is awaiting impositionor execution of sentence, other than a person for whom theapplicable guideline promulgated pursuant to 28 U.S.C.[§] 994 does not recommend a term of imprisonment, bedetained, unless the judicial officer finds by clear andconvincing evidence that the person is not likely to flee or posea danger to the safety of any other person or the community ifreleased under [§] 3142(b) or (c). If the judicial officer makessuch a finding, such judicial officer shall order the release ofthe person in accordance with [§] 3142 (b) or (c).
18 U.S.C. § 3143(a).
The presumption in 18 U.S.C. § 3142(b), which governs a defendant�’s release or
detention before trial, favors release. United States v. Kills Enemy, 3 F.3d 1201, 1203
(8th Cir. 1993) (citing 18 U.S.C. § 3142(b)). In contrast, the presumption in 18 U.S.C.
§ 3143(a), which governs a defendant�’s release or detention after trial and before
sentencing, favors detention. Id. (citing 18 U.S.C. § 3143(a)). As a result, �“[a] convicted
person awaiting sentence is no longer entitled to a presumption of innocence or
presumptively entitled to his freedom.�” Id. A defendant carries the burden to show by
clear and convincing evidence that he or she �“is not likely to flee if released upon suitable
conditions.�” United States v. Welsand, 993 F.2d 1366, 1367 (8th Cir. 1993) (per curiam).
IV. ANALYSIS
In addition to the evidence presented at the Hearing, the parties rely on evidence
previously presented in conjunction with Defendant�’s pretrial detention and release (docket
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nos. 132, 134, 158, 162, 164, 166, 171, 194 and 199). The court has reviewed this
evidence and incorporates it into the instant analysis. The court sets forth the new
evidence and arguments related to detention below.
A. Defendant�’s Evidence and Arguments
Defendant argues that he has provided clear and convincing evidence to show that
he is not a flight risk. Defendant argues that, aside from the fact that the jury returned the
Verdicts, his circumstances have not changed since the court ruled on his pretrial release
in the Order on his detention (�“Detention Order�”) (docket no. 199). Defendant insists that
his circumstances do not warrant detention.
At the Hearing, United States Probation Officer (�“USPO�”) Lindsey Skelton testified
that Defendant fully complied with all the terms of his pretrial release. USPO Skelton also
testified that Defendant never abused his permission to travel out of state while on pretrial
release and, when his Global Positioning System monitoring ankle bracelet became
dislodged from his ankle, he alerted her immediately to allow for its expedient repair.
Defendant argues that this compliance with the terms of his pretrial release is concrete
proof that he is not a flight risk.
Defendant testified that he has no intent to flee despite the Verdicts. Defendant
testified that he is committed to following the court�’s rulings, no matter the outcome of this
case. Defendant testified that his religion obligated him to comply with the court�’s rulings.
Defendant also testified about his involvement in the Postville, Iowa, and larger
Jewish community during his pretrial release. In particular, Defendant testified that he
spent a substantial amount of time teaching the Torah to students enrolled at a Jewish
school in Postville. Defendant reiterated that he has a strong relationship with his family
as well as the Jewish community in Postville and at large.
Defendant testified that the instant action generated a great deal of interest and
media attention in the Jewish community. Defendant testified that he received a great deal
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1 Defendant also argued that detention would make it difficult for him to prepare fortrial on Counts 1-72 of the Indictment (�“Immigration Counts�”). However, on November19, 2009, the court dismissed the Immigration Counts against Defendant. Therefore,Defendant�’s argument related to trial preparation on the Immigration Counts is moot.
4
of support from members of the Jewish community through a committee formed by Rabbi
Hecht, which funded Defendant�’s defense. As a result of this support from his religious
community, Defendant argued that, if he were to flee, he would essentially abandon and
betray his family and his community.1
Rabbi Hecht, who was heavily involved with the committee that raised money and
supported Defendant�’s defense fund, testified about Defendant�’s visibility in the Jewish
community. Rabbi Hecht testified that, due to the publicity of this trial and the interest it
generated in the larger Jewish community, Defendant would be known in any community
to which he sought to flee. Rabbi Hecht believes that, as a result, there is nowhere
Defendant could hide.
Defendant also presented over one thousand letters and e-mails of support written
by members of his community who vouch for Defendant�’s willingness to cooperate with
the law. Additionally, Defendant presented evidence of forty-three individuals willing to
pledge the equity in their homes for Defendant�’s bail. The court also considers the pledges
of support from Rabbi Kotlarsky and Rabbi Kivman, which were submitted to the court
after the Hearing.
B. Government�’s Evidence and Arguments
The government argues that Defendant poses an unacceptable flight risk. The
government argues that, because he has been convicted and faces many years of
imprisonment, Defendant has �“a far greater incentive to flee�” than during his pretrial
release. Gov�’t. Br. at 1. The government also presented evidence that Defendant violated
the terms of his pretrial release by �“committing bank fraud, attempting to obstruct justice[]
and tampering with evidence.�” Id.
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The government presented the testimony of Special Agent Michael Fischels. S/A
Fischels testified that he spoke with Co-Defendant Hosam Amara on the telephone about
Amara�’s flight from the United States to Israel. Amara indicated to S/A Fischels that
Defendant told him to leave the United States and return to Israel in order to remove
himself from the situation facing Agriprocessors. The government also presented a copy
of a check and bank documents that suggest Defendant provided financial assistance to
Amara around the time that Amara fled the United States.
S/A Fischels also testified about Defendant�’s involvement with Schlomo Ben Chaim.
This individual was a key witness who signed I-9s for certain illegal aliens on the Hunt
payroll. S/A Fischels stated that he had learned through Mike Kruckenberg of Freedom
Bank that Defendant was going to take over properties owned by Ben Chaim after Ben
Chaim left the United States.
C. Ruling
The court finds that the government�’s evidence for detention is compelling.
Defendant�’s actions prior to and during the pendency of the instant action, when coupled
with the powerful incentive to flee due to the jury�’s return of the Verdicts, demonstrates
that Defendant poses a flight risk. The court notes that, in the Detention Order, it
previously found that Defendant posed a flight risk.
The court acknowledges the overwhelming support that Defendant�’s community has
provided during the trial and the instant proceeding. The court also recognizes that
Defendant took great pains to comply with the terms of his pretrial release. The court
agrees that Defendant has shown he is committed to his family and to his community.
Nevertheless, the court finds that this evidence does not rise to the �“clear and convincing�”
level necessary to show that he is �“not likely to flee [. . .] if released under [§] 3142(b) or
(c).�” 18 U.S.C. § 3143(a). Accordingly, the court shall grant the Motion.
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V. CONCLUSION
In light of the foregoing, the Motion (docket no. 737) is GRANTED. Defendant
shall remain detained pending sentencing.
IT IS SO ORDERED.
DATED this 20th day of November, 2009.
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UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
___________________
No: 09-3939 ___________________
United States of America,
Plaintiff - Appellee
v.
Sholom Rubashkin,
Defendant - Appellant ______________________________________________________________________________
Appeal from U. S. District Court for the Northern District of Iowa - Dubuque (2:08-cr-01324-LRR-2)
______________________________________________________________________________
JUDGMENT Appellant Rubashkin’s motion for release pending sentencing has been considered by the
court and is denied. Mandate shall issue forthwith.
January 08, 2010 Order Entered at the Direction of the Court: Clerk, U.S. Court of Appeals, Eighth Circuit. ____________________________________ /s/ Michael E. Gans
Case: 09-3939 Page: 1 Date Filed: 01/08/2010 Entry ID: 3622482
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